Back / lumbar spine decisions — 2016

The Veteran's claim for service connection for basal cell carcinoma and squamous cell carcinoma was denied, as the evidence did not establish a nexus to his active duty service or herbicide exposure. His claim for an increased rating for coronary artery disease prior to December 21, 2015, is also denied.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal prior to the Board's decision.

The Veteran's appeal is being remanded for additional development to obtain relevant records and provide a VA examination to determine the nature and etiology of any current low back disorder.

The Veteran's migraine headaches are found to be related to service, and the claim for service connection is granted.,The Veteran's acquired psychiatric disorder other than PTSD (including panic disorder with agoraphobia) is found to be related to service, and the claim for service connection is granted.,The Veteran's residuals of a fractured nose to include sinusitis are found to be related to service, and the claim for service connection is granted.

The Veteran's appeal is being remanded due to the failure to schedule a travel Board hearing. The AOJ should confirm the Veteran's current address and reschedule the hearing.

The Veteran's service-connected residuals of lumbar laminectomy have been granted a TDIU and secondary service connection for radiculopathy of the right lower extremity. The rating for residuals of lumbar laminectomy remains at 60 percent.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining medical opinions regarding the nature and etiology of his low back disorder, bilateral hearing loss, and tinnitus.

The Board found that new evidence was submitted to reopen the claim for service connection of a low back disability, but did not find any link between the Veteran's current condition and his active duty service.

The Veteran's appeal includes claims for various conditions, including coronary artery disease, migraine headaches, lumbosacral spine strain, and an acquired psychiatric disorder. The RO has already granted a 100% rating for coronary artery disease effective October 30, 2014. Other issues remain pending.

The Board has determined that the effective date for the grant of service connection for a low back disability is September 9, 2009.

The Veteran's residuals of a right medial tibial plateau stress fracture are proximately due to or the result of her service-connected left hip disorder, and therefore service connection is granted.

The Veteran's pseudofolliculitis barbae is found to have had its onset during service and the Board grants service connection for this condition.

The Veteran is granted service connection for pseudofolliculitis barbae and a non-compensable rating for migraine headaches. The Veteran's right index finger disability with foreign body warrants a compensable rating of 30 percent, effective June 23, 2014. Service connection for lumbar spine strain with degenerative disc disease at L5-S1 is granted.

The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's lumbar spine disorder. The Veteran is entitled to an adequate VA examination and opinion that considers all relevant evidence, including service treatment records and the Veteran's testimony.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to determine if his left ear hearing loss disability and low back disability are related to service.

The Veteran's TDIU claim is granted from April 18, 2011 to July 12, 2013. The Board also dismissed the remaining claims for higher ratings and service connection.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a low back disorder. The case is now remanded for further development, including obtaining additional medical records and scheduling an examination.

The Board has determined that recovery of the overpayment in the amount of $31,525.27 is against equity and good conscience due to the Veteran's financial hardship and because considering his spouse's income would defeat the purpose of the VA pension program.

The Board has granted initial noncompensable ratings for the Veteran's right foot plantar fasciitis, left foot plantar fasciitis, and lumbar spine degenerative arthritis with spina bifida occulta.

The Veteran's claim for a higher rating for his lumbar spine disability was denied as the evidence did not show ankylosis or incapacitating episodes meeting the criteria for a higher rating.