Back / lumbar spine decisions — 2016

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for hypertension and a lumbar spine disorder. The Veteran's current diagnoses of hypertension and arthritis of the lumbar spine are found to be related to his active military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of the Veteran's lumbar spine disability.

The Board has reopened the claim of service connection for vertigo and granted it. The claims of service connection for a back disability, otitis media, and total disability based on individual unemployability due to service-connected disorders are dismissed as the Veteran withdrew them at his hearing. Posttraumatic stress disorder with dysthymia is found to be incurred in service.

The Veteran's appeal involves multiple issues including increased ratings for various knee conditions, arthritis, and Bell's palsy. Additionally, the Veteran seeks service connection for an acquired psychiatric disorder, bilateral hammer toe, gastroesophageal reflux disease (GERD), hypertension, left ankle arthritis, lumbar spine disorder, asthma, and hepatitis C. The appeal is being remanded to allow for a new hearing before a different Veterans Law Judge.

The Board has remanded the appeal for additional examinations and opinions to address the Veteran's claims of service connection for various conditions, including a head injury, headaches, an acquired psychiatric disorder, and a low back disability.

The Veteran's low back disability was previously rated at 10 percent prior to June 1, 2008. The RO granted a 20 percent rating effective from June 1, 2008.

The Board has ordered a remand due to incomplete VA treatment records and the need for an addendum opinion regarding the nature and etiology of the Veteran's claimed back disorders, including scoliosis and degenerative disc disease.

The Board has determined that the Veteran's current lumbar spine and sciatic nerve disabilities are related to his service-connected lumbar spine disability, granting service connection for these conditions.

The Board denied service connection for lumbar spine disability, bilateral hip disability, and right ankle disability. The Veteran's posttraumatic Achilles tendinitis of the left ankle is currently rated at 20 percent.

The Board has granted a 60 percent rating for residuals of renal trauma from August 3, 2006 to May 17, 2010 and a 100 percent rating from May 18, 2010 to November 9, 2011. The Veteran is also granted TDIU.

The Board denied service connection for lumbar spine disorder and bilateral knee disorder, finding that the conditions were not incurred in active military service.

The Board has determined that the Veteran's diagnosed back conditions are not related to his service, and any current condition is not proximately due to or aggravated by a service-connected disease or injury.

The Board found that the Veteran's currently diagnosed low back disability is not etiologically related to an in-service fall, and therefore denied service connection for a back disorder.

The Board finds the evidence is evenly balanced regarding whether the Veteran's cervical spine degenerative arthritis and degenerative disc disease are proximately due to his service-connected lumbosacral spine disability. The Veteran meets the current disability requirement, and his assertions support a finding that his neck disabilities developed as a result of compensating for back pain.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with radiculopathy was denied, as the evidence did not show that he met the criteria for a higher rating prior to July 24, 2008. As of July 24, 2008, the Veteran's condition warranted a 20% disability rating.

The Board has granted service connection for lumbar scoliosis and secondary service connection for degenerative disc disease and spondylosis of the thoracolumbar spine, finding that these conditions are related to his in-service injury.

The Board has remanded the case for further development, including a VA examination to address the nature and etiology of the Veteran's lumbar and cervical spine conditions. The claim will be adjudicated again based on the additional evidence.

The Board denied the Veteran's claims for service connection for a left knee disability and low back disability, both secondary to his service-connected right knee disability. The Veteran was not granted new evidence to reopen his left knee claim, and his low back disability was found not to be proximately due or the result of his service-connected right knee disability.

The Board has determined that the Veteran's varicose veins did not have a clinical onset in service and are not otherwise related to active duty. The claim of service connection for a back disability is addressed in the REMAND portion of this decision.

The Board is remanding the case to obtain additional service records and conduct a VA examination to determine if the Veteran's current back disability is related to his in-service service, including any injury or pain he experienced.