Back / lumbar spine decisions — 2007

The Board found that the veteran's medical expenses incurred at SouthCrest Hospital on December 2, 2003 were not covered by VA because prior authorization was not obtained and there was no emergency condition warranting immediate treatment.

The veteran's low back strain is rated at 20 percent, left knee disability at 10 percent before August 16, 2006, and folliculitis on the scalp and neck remains noncompensably disabling.

The veteran's claims for increased ratings for his service-connected bilateral hearing loss, hypertension, gout, left knee degenerative joint disease, right knee degenerative joint disease, and thoracolumbar spine degenerative joint disease were denied. The Board found that the evidence did not support a compensable rating for bilateral hearing loss or any higher ratings for the other conditions.

The veteran's service-connected T12 compression fracture with low back strain warrants a 40 percent rating prior to October 12, 2005. His bilateral pes planus is rated at 10 percent since October 12, 2005.

The veteran's claims for increased ratings for his service-connected lumbar spine and cervical spine disabilities were denied. The lumbar spine disability is rated at 40 percent, while the cervical spine disability remains at 10 percent.

The Board has determined that the veteran's back disability is not related to service and denied his claim for service connection.

The Board denied service connection for lumbar and cervical spine disorders, finding no competent evidence linking these conditions to the veteran's active service.

The Board finds that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder. The veteran's chronic lumbosacral strain with bulging disc is found to be related to his service-connected left knee disability, warranting secondary service connection.

The Board has remanded the case due to inadequate medical examination and further evaluation is needed.

The veteran's appeal is being remanded for additional development, including scheduling a personal hearing and obtaining VA treatment records. The case will be reconsidered after these steps are completed.

The VA denied an initial evaluation in excess of 10 percent for degenerative changes to the veteran's lumbar spine, finding that the current range of motion and symptoms do not warrant a higher rating.

The Board has denied the veteran's claim for service connection for sleep apnea, including as secondary to his service-connected prostate cancer, COPD, low back strain, and right shoulder disorder.

The Board has granted the veteran's claim of secondary service connection for his lumbar spine disability due to aggravation by his right knee disability, and assigned a 10% initial rating.

The Board has determined that the veteran's back and nervous conditions are not service-connected, as there is no evidence of their onset during active duty or a link to his military service.

The veteran's appeal is being remanded for additional development to address the service connection claims and other issues. The case will be returned to the Board after completion of these tasks.

The Board has denied the veteran's claim for service connection for a back disability, finding that there is no clear and convincing evidence to support the presumption of service connection due to combat exposure. The medical evidence does not link any in-service injury or incident to current back pathology.

The Board denied an initial disability rating in excess of 10 percent for the residuals of a laceration of the left knee with skin graft and denied entitlement to an effective date prior to September 30, 1991, for the grant of service connection for degenerative disc disease of L4-L5 and L5-S1 with right lumbar radiculopathy.

The Board denied service connection for a back disability and PTB, finding no evidence of these conditions during or after service.

The Board finds that the evidence supports service connection for lumbar strain and denies service connection for a stomach disability (GERD). The veteran's low back problems were noted in service, and his current condition is related to his military service. However, there is no competent medical evidence linking his current GERD to his service.

The Board found that the veteran's chronic low back disorder and left shoulder disorder, including degenerative joint disease (DJD), were incurred during his military reserve duty. Service connection was granted for these conditions.