Back / lumbar spine decisions — 2015

The Board has directed the VA to obtain additional treatment records and a new examination for the Veteran's service-connected disabilities, specifically his lumbar strain and residuals of a stress fracture of the left foot with plantar fasciitis and Achilles tendonitis. The case is also referred to the Director of VA's Compensation and Pension Service for consideration of entitlement to TDIU.

The Board has determined that the injuries sustained in January 1984 were incurred in the line of duty and not due to willful misconduct, thus granting service connection for these disabilities.

The Board has remanded the case for further development due to inadequate opinions regarding service connection for low back and psychiatric disorders.

The Board has remanded the case due to a request from the Veteran for a hearing at his local VA office. The appeal is now pending and will be handled by the RO.

The Board has remanded the case for further development due to the need for a VA examination and opinion regarding the Veteran's service connection claim for a low back disorder.

The Veteran's claims for an increased evaluation and TDIU are being remanded due to the need for additional medical examination and development of records.

The Board has dismissed the appeals due to the Veteran's death.

The Veteran's service-connected residuals of a low back injury and sciatic neuritis of the lower extremities have not met the criteria for increased disability ratings beyond those currently assigned.,The Veteran does not meet the schedular criteria for TDIU due to his service-connected disabilities.

The Veteran's claims for service connection are denied due to his own willful misconduct in the motor vehicle accident of April [redacted], 1975. The Board found that none of the conditions claimed were related to active military service.

The Board denied the Veteran's petition to reopen his claim for service connection of a back disorder, finding that new and material evidence was not received. The decision is based on the lack of nexus between the current back disability and service.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's low back disorder. The Veteran asserts that his current low back condition is related to military service, specifically an injury during World War II.

The Veteran's appeal is being remanded for further development, including issuance of Statements of the Case and scheduling a videoconference hearing. The issues include rating an increased disability for bilateral pes planus, service connection for various disabilities, and review of a reduction in rating for plantar fasciitis.

The Board found that the Veteran's low back and right knee disabilities were not incurred or aggravated by service, nor are they proximately due to his service-connected left knee disability. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's appeal is being remanded for additional development to clarify the creation and notification of an overpayment of pension benefits.

The Board has reopened the Veteran's claim of service connection for a back disability and granted service connection based on evidence showing that his current back disability is related to an in-service injury.

The Board found no evidence of a chronic lumbosacral spine disability in service and denied the Veteran's claim for service connection.

The Board denied the Veteran's claims for service connection for hepatitis, an acquired psychiatric disorder, a back disorder, and bilateral eye disorders. The decision found no current evidence of hepatitis or a current diagnosis of thoracic lordosis. It also determined that there was insufficient medical evidence to establish a link between the Veteran's back disorder and his active duty service. The Board denied service connection for bilateral eye disorders as well.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling examinations to assess the severity of his psychiatric conditions, lumbar spine condition, and bilateral hearing loss. The issue of entitlement to a total disability rating based on individual unemployability as a result of service-connected disabilities (TDIU) will also be addressed.

The Veteran's service-connected lumbar spine radiculopathy to the left lower extremity is rated at 40 percent, effective September 13, 2007. The Board also granted a total rating for compensation based on individual unemployability as of that date.

The Veteran's TDIU claim is being remanded due to the need for additional development, including securing VA treatment records and scheduling a vocational evaluation.