Back / lumbar spine decisions — 2008

The VA denied an increased rating for the veteran's low back strain with disc desiccation, L3-4, and bulging discs of the lumbar spine as it did not meet the criteria for a higher evaluation.

The Board finds that the veteran's current low back disability is not related to service, and his hepatitis C was likely contracted in service. The claim for a low back disability is denied, while the claim for hepatitis C is granted.

The Board denied the veteran's claim for service connection for a back condition, finding that there was no evidence of a chronic back disability during his military service and concluding that it was not secondary to his service-connected right knee condition.

The Board found that the veteran's current low back disability is not related to his military service and denied his claim for service connection.

The veteran's claim for an increased evaluation of his service-connected degenerative disc disease L5-S1 was denied. The evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the veteran's claims for service connection for bilateral hearing loss and low back disability, finding that new and material evidence was not received to reopen the previously denied claim for bilateral hearing loss. The low back disability was also not found to be incurred in service.

The Board denied the veteran's claims for service connection for a back disability, brain tumor, and hypertension as secondary to Agent Orange exposure. The evidence did not establish a link between these conditions and the veteran's active duty.

PTSD was granted with a rating of 10 percent effective August 2005, and increased to 30 percent effective December 22, 2006.,The veteran's back condition is service connected.

The Board has determined that the veteran's treatment on February 25, 2006 at Claremore Regional Hospital was rendered for a medical emergency and that VA or federal facilities were not feasibly available to him. Therefore, payment or reimbursement of unauthorized private medical expenses incurred is granted.

The Board denied compensation under the provisions of 38 U.S.C.A. § 1151 for chronic cervical spine and low back injury residuals, finding that there was no showing of negligence or fault on the part of VA in the July 2003 motor vehicle accident.

The Board has determined that the veteran's current lumbar spine disability was not incurred in or aggravated by active service and denied his claim for service connection.

The veteran's service-connected chronic low back pain with lumbar sprain, degenerative disc disease, arachnoiditis with radiculopathy, and spinal stenosis was evaluated at a 20 percent rating from March 6, 1998 to October 24, 2007. Since October 25, 2007, the veteran has been rated at 40 percent.

The veteran's initial claim for a higher evaluation for his service-connected low back disability was granted, with an effective date of April 27, 1992.

The veteran's back disability is currently rated at 40 percent, which does not meet the criteria for a higher rating under either the old or new VA rating criteria. The Board found that his condition did not warrant an increased rating.

The Board denied service connection for left knee, right shoulder, left shoulder, low back, and cervical spine disorders due to lack of evidence linking these conditions to service.,Service connection was not granted as there is no medical evidence showing a current disability related to the veteran's parachute injury in service.

The VA determined that the veteran's service-connected disabilities do not meet the criteria for a TDIU due to their combined rating of 60 percent, which is below the threshold required by regulation.

The Board has reopened the claim of service connection for a back disorder, as new and material evidence has been submitted. The issue is now before the merits.

The Board denied the veteran's claims of service connection for a back disability and lung disorder, finding no evidence to support these claims.

The veteran's twisted ankle, low back disability, and right knee disability are not service-connected as they do not have a direct link to his military service.,Service connection for hypertension is denied because the condition existed prior to service and there is no evidence of aggravation during service. The current diagnosis is considered preexisting.,The heart condition is also denied as secondary to hypertension, with the earliest indication being 18 years after service discharge.

The Board has decided to remand the case for further development, including obtaining VA treatment records and scheduling a VA examination.