Back / lumbar spine decisions — 2016

The Board has determined that additional development is needed to obtain the Veteran's service treatment records, as well as private medical records. The claims will be remanded for these purposes.

The Veteran's bilateral pes planus was diagnosed during service and has been continuously symptomatic since then. The Board finds that the Veteran meets the criteria for service connection as his current disability resulted from an injury or disease incurred or aggravated during active military service.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before the Board of Veterans' Appeals.

The Veteran's appeal is being remanded for additional development to ensure that his claims are adjudicated on the basis of a complete record.

The Board has determined that the Veteran's left foot and left shoulder disabilities were not incurred or aggravated by service, and arthritis of these areas may not be presumed to have occurred therein. The lumbar spine disability issue is being remanded.

The Veteran's service-connected migraine headaches, heart disability, psychiatric disorder (including PTSD), cervical spine disability, thoracolumbar spine disability, left knee disability, and skin disability are found to be secondary to his service-connected right knee disability. The Veteran is granted service connection for these conditions on a secondary basis.

The Veteran's service-connected lumbar degenerative disease, radiculopathy of the right and left lower extremities, combined at a 50 percent evaluation, substantially prevents him from securing or following any substantially gainful occupation.

The Board finds that the Veteran's current back condition, stomach issues including diverticulitis and hernias, are etiologically related to his service. The claims for these conditions have been granted.

The Veteran's DJD of the lumbosacral spine has been rated at 10 percent prior to February 10, 2005 and at 30 percent since then. The claim for a higher rating is denied.

The Board has determined that the Veteran's low back disability did not manifest during or as a result of military service and is not etiologically related to his service-connected left hip disability. Therefore, the claim for service connection for a low back disability is denied.

The Board has granted an effective date of November 23, 1998 for the award of special monthly compensation based on the need for aid and attendance of another due to the Veteran's service-connected lower back disability.

The Board has remanded the case for a supplemental opinion regarding secondary service connection for a lumbar spine disability due to right knee disabilities, including as due to limping or an altered gait.

The Board has granted service connection for headaches, allergies, and a low back disability. The Veteran's gynecological problems, joint pain, and dental condition are not currently addressed as they require further development.

The Veteran seeks service connection for a low back disorder, which he claims was caused by physical strain during military service. The VA examiner opined that the condition is less likely related to service due to lack of documented treatment records and injury reports in service. However, the claim must be remanded as the rationale provided does not adequately address these points.

The Board has determined that new and material evidence has been received to reopen service connection for a low back disorder, hypertension, erectile dysfunction, diabetes mellitus, bilateral cataracts with right eye pseudophakia, and peripheral neuropathy. However, the claims are adjudicated as mixed (some issues granted, some not) due to the nature of the reopened claims.

The Veteran's claim for direct service connection for a lumbar spine disorder is granted. However, the Board also considered secondary service connection due to his service-connected pes planus and found that both issues are related.

The Board has granted service connection for depressive disorder NOS. The remaining claims are remanded for additional development.

The Veteran's claims for increased ratings and service connection were granted, with the effective date set at May 12, 2014. The Veteran was awarded service connection for radiculopathy of the right and left lower extremities.

The Board finds that the Veteran's current lumbar spine disability did not start in service and is not etiologically related to his in-service injuries. Therefore, the claim for service connection for a lumbar spine disability is denied.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, and therefore the criteria for a TDIU have not been met.