Back / lumbar spine decisions — 2008

The veteran's claims for increased evaluation of his service-connected lumbosacral strain and service connection for a cervical spine disability are being remanded due to the need for additional examinations.

The veteran's appeal was dismissed due to his death before a decision could be made.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability. However, additional development is needed to determine if there was a pre-existing condition prior to April 1990 work injury and whether any current disability is related to the in-service accident.

The Board denied the veteran's claims for increased ratings for his right knee and lower back disabilities, finding that the evidence did not meet the criteria for higher disability ratings based on limitation of motion or associated neurological deficits.

The Board denied service connection for fibromyalgia and denied an increased rating for degenerative joint disease, osteoarthritis, and degenerative disc disease of the lumbar spine. The veteran's claim for a compensable rating for bilateral hearing loss was not addressed in this decision.

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's request to reopen his claim for service connection of a low back disorder.

The Board has decided to remand the case for further development, including obtaining additional treatment records from a private physician and requesting an addendum from the VA examiner who conducted the August 2004 spine examination.

The Board found no competent medical evidence linking the veteran's current degenerative disc disease L5-S1 and lower back condition to his time in service, thus denying service connection.

The Board has remanded the case for additional development due to new medical records and examinations.

The veteran's service-connected disabilities do not preclude all forms of substantially gainful employment consistent with his educational background and occupational experience. Therefore, the criteria for a total disability rating based on individual unemployability due to service-connected disorders are not met.

The Board has reopened the veteran's claim for service connection for gastroesophageal reflux disease (GERD) due to new and material evidence. The claims for fibromyalgia, chronic lumbosacral spine strain, and acquired stenosis of the cervical spine are remanded for further development.

The Board denied the veteran's claims for service connection for PTSD, an increased rating for degenerative disc disease, and a compensable disability rating for bilateral high frequency hearing loss. The veteran does not have a current diagnosis of PTSD. His service-connected degenerative disc disease is productive of pain on palpation and limitation of motion with no neurological deficits, abnormal lordosis, or kyphosis. His service-connected bilateral high frequency hearing loss results in level II hearing acuity in both ears.

The veteran's service-connected healed compression fracture, L4, with degenerative disc disease is currently rated at 50 percent disabling and does not warrant a higher rating.

The Board has determined that the veteran's current back disability is not etiologically related to service, and therefore, service connection for a back disability is denied.

The veteran's service-connected spine disabilities rendered him unemployable and virtually housebound, qualifying for TDIU benefits. The cause of death was sepsis, not related to his service-connected conditions.

The veteran's unauthorized medical expenses incurred at Peace River Regional Hospital on April 30, 2003 are denied as the treatment was for a non-emergent condition and VA facilities were available.

The Board has determined that the veteran is entitled to a higher evaluation than his currently assigned 10 percent for chronic lumbar strain, but not beyond August 19, 2003.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the unavailability of volume one of his claims file and the failure to provide copies of certain examination reports. The case will be reviewed again in light of any additional evidence obtained.

The veteran's appeal is being remanded due to significant developments and complexities in the case, including a decision finding new and material evidence for reopening his low back disability claim. The case will be returned to the Board after further adjudication.

The Board has granted service connection for a neurogenic bladder as secondary to the veteran's service-connected mechanical low back pain, degenerative disc disease and degenerative joint disease of the lumbar spine. The rating for the veteran's mechanical low back pain is increased from 40 percent to 60 percent under the revised criteria effective September 23, 2002.