Back / lumbar spine decisions — 2015

The Board has granted service connection for tension headaches, denied service connection for night tremors, granted increased disability ratings for lumbosacral strain and right ankle disability, and remanded the issues of TDIU and reopening of service connection for tension headaches.

The Board has decided to remand the case for additional development, including obtaining SSA records and possibly a supplemental opinion from the December 2011 VA examiner or a new examination if necessary. The Veteran's claim for service connection for low back disability and bilateral leg disability will be reconsidered based on the additional evidence.

The Veteran's claim for service connection for a back disorder, including scoliosis and degenerative disc disease with radiculopathy, is being remanded due to the need for additional development.

The Veteran's service-connected disabilities, including a low back disorder and mood disorder, have rendered him unable to secure or follow substantially gainful employment since June 19, 2002.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include PTSD, left lower extremity radiculopathy, lumbar spine disability, cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right knee internal derangement, and left knee arthritis. The Veteran's overall picture indicates that he needs constant supervision due to his service-connected disabilities.

The Veteran's appeal was denied for all issues, including service connection for a sleep disorder.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's death was caused by acute respiratory distress syndrome due to sepsis and cirrhosis, which were linked to his service-connected PTSD. As a result, the Board has granted service connection for the cause of the Veteran's death.

The Board has received notification from the appellant's representative that they wish to withdraw their appeal for entitlement to service connection for a right inguinal hernia. As such, this issue is dismissed.

The Board has remanded the case due to an inadequate VA examination and the need for a new opinion on the etiology of the Veteran's back disability. The right leg disability is also inextricably intertwined with the back disability, so both must be addressed together.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining medical records and attempting to obtain Social Security Administration (SSA) records. The Veteran's claim for increased ratings for a back condition remains in controversy as less than the maximum benefit allowed by law has been awarded.

The Veteran's low back disability is currently evaluated at 20 percent, the maximum schedular rating for this condition.

The Board has granted an effective date of March 15, 1979 for the grant of TDIU on an extraschedular basis due to the Veteran's service-connected disability preventing him from securing and following any substantially gainful occupation.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are related to his active service, with the evidence being in relative equipoise as to whether these conditions were incurred during service.

The Board has granted service connection for residuals of right labrum tear with old shoulder dislocation, biceps tendonitis, and inflammatory changes and lumbar herniated nucleus pulposus at L5-S1.

The Board found that the Veteran's acquired psychiatric disability, including PTSD and depression/anxiety, manifested by cold sweats, had its onset in service. The bilateral foot disability (pes planus and plantar fasciitis) was not incurred or aggravated by active service. The bilateral knee disability was not incurred in service, nor is it due to a service-connected disability. The hearing loss disability of either ear was not incurred in service. Tinnitus is presumed to have been incurred in service.

The Board found that the Veteran's back disability was not manifested in service or for many years thereafter, and is not shown to be related to his service. Therefore, service connection for a back disability is denied.

The Veteran does not have current diagnoses of acne vulgaris, bilateral shoulder disorder, clavicle disorder, or bilateral knee disorder. The Board finds that service connection is denied for these conditions.

The Board has remanded the claims for service connection for left and right knee disabilities, as well as upper back and neck disabilities due to incomplete medical records and need for further examination.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back disability is related to his military service. The VA will need to obtain additional medical records and schedule a VA examination for the Veteran.