Back / lumbar spine decisions — 2008

The Board has determined that the veteran's lumbar spine condition is not related to his service or a service-connected disability, and thus denied his claim for service connection.

The Board denied service connection for a left shoulder disability, low back disability, and GERD. The veteran's claims were not supported by competent evidence showing these conditions are related to his military service.

The veteran's claim for a higher rating for his service-connected lumbar paravertebral fibromyositis, spina bifida, spondylosis, S1 was denied. However, he received effective dates of June 1, 2005, and April 1, 2006, for additional compensation benefits for his child and spouse, respectively.,The veteran's service-connected lumbar paravertebral fibromyositis, spina bifida, spondylosis, S1 has been rated at 40 percent since July 2002.

The Board has denied the veteran's claims for service connection for osteoarthritis and degenerative disc disease of the lumbosacral spine, finding that there is no evidence showing a link between these conditions and his military service. The claim for residuals of a nose laceration remains pending as the RO has not issued an SOC.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine if the veteran's low back disorder and bilateral hip disorder are related to his service-connected foot and knee disorders.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims for an increased rating for a right wrist disability, service connection for a back disability, and whether new and material evidence has been submitted regarding his claim of service connection for a back disability.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Chenango Memorial Hospital in August 2005 was denied as the treatment did not meet the criteria for emergency care and no VA facility was feasibly available.

The Board has determined that the veteran does not have a current lumbar or cervical spine disability that is causally related to service. Therefore, the claims for service connection are denied.

The Board has determined that new and material evidence was not received to reopen the veteran's claims for service connection for low back disability and left knee disability. The claims are therefore denied.

The Board has remanded the case for further action, including obtaining a medical opinion regarding whether the veteran's current back disability is related to an in-service motor vehicle accident. The RO must also obtain all outstanding VA treatment records and provide the appellant with another opportunity to submit evidence.

The Board has remanded the case for further development, including a new VA examination to determine if the veteran's current lumbar spine disability is related to his military service.

The July 2, 1985 rating decision did not consider SMC based on need for regular A&A of another person or housebound status because the veteran was already receiving a 100% disability rating for depressive neurosis. The evidence does not indicate that the spouse intended to claim these benefits.

The Board has granted a 60 percent rating for the veteran's service-connected low back injury with arthritis, effective from March 12, 2001.

The Board found no competent medical evidence linking the veteran's lumbosacral spine disorder to service, and denied his claim for service connection.

The Board denied the veteran's claims of increased ratings for PTSD and degenerative joint disease of the lumbar spine, as well as his service connection claims for bilateral knee disability, bilateral pes planus, and thoracic spine disability. The decision also dismissed his claim for special monthly compensation based on loss of use of a creative organ.

The veteran's lumbosacral strain and radiculopathy of the right lower extremity have been rated at 10 percent each, and there is no evidence to warrant a higher rating.

The Board has determined that the veteran's low back disability does not present an exceptional or unusual disability picture with marked interference with employment, and thus, denies a request for an extra-schedular evaluation.

The Board found that the veteran's low back condition and tinnitus are not related to his active duty service.

The Board found that the veteran's DDD of the lumbosacral spine was not shown to be related to service or a service-connected condition, and denied his claim for service connection.

The Board has determined that the veteran's low back disability is related to his service, and therefore grants service connection for this condition.