Back / lumbar spine decisions — 2008

The Board has determined that the veteran does not have residuals of a back injury, left knee injury, or cervical spine injury linked to service on any basis. Service connection is therefore denied for these conditions.

The veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for proper notice and a new VA examination.

The Board has remanded the case due to insufficient evidence regarding the veteran's in-service injury and post-service treatment for his low back disorder.

The Board has decided to remand the veteran's claims for service connection for cervical and lumbar spine disabilities due to incomplete records, including SSA records and private medical records. The case will be returned to the RO for further development.

The veteran's cervical spine fusion with degenerative disc disease and episodic right upper extremity radiculitis is rated at 10 percent prior to July 31, 2005; 20 percent from August 1, 2005 to March 22, 2007; and 30 percent thereafter. The veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 20 percent.

The veteran's low back disability, characterized by lumbosacral strain with degenerative disc disease, warrants a 20 percent rating due to forward flexion of the thoracolumbar spine being greater than 30 degrees but not more than 60 degrees. The evidence does not support higher ratings based on ankylosis or incapacitating episodes.

The Board has granted service connection for a lumbar spine disorder, finding that the veteran's current disability is attributable to his reported in-service injury.

The Board has determined that the veteran's current degenerative disc disease of the lumbar spine is related to his active military service, granting service connection for this condition.

The Board finds that the evidence is in equipoise and warrants service connection for the cervical spine DDD as a residual of an in-service injury.

The Board denied the veteran's claim for a rating in excess of 40 percent for spondylolisthesis of L5 with degenerative disc disease, finding that his disability did not meet the criteria for an evaluation higher than 40 percent.

The Board finds that the veteran does not have current disabilities of his left ankle, leg, or back that were incurred in service. The preponderance of evidence indicates that any injuries sustained during service resolved without residual pathology.

The Board found that there is no evidence linking the veteran's current lumbar spine disability to his military service, and thus denied his claim.

The veteran's claim for a TDIU is being remanded due to the need for additional examinations and consideration of her service-connected disabilities' impact on her employability.

The Board has determined that the RO failed to provide proper VCAA notice and is therefore remanding the case for further action.

The Board has determined that the Veteran's claimed lumbar spine, bilateral hip, knee, ankle, and foot disorders are not related to service. The claims for these conditions have been denied.

The Board denied the veteran's claims for service connection for hypertension, back disability, thyroid disability, bilateral heel spurs, and acquired psychiatric disability (including PTSD), finding no competent evidence linking these conditions to his military service.

The Board denied the veteran's claims of service connection for a low back disability, left leg disability, and peripheral neuropathy. The claim for low back disability was not reopened due to lack of new and material evidence. The left leg disability is considered unrelated to his period of active service. Peripheral neuropathy is also considered unrelated to his period of active service.

The Board found that the veteran's service-connected low back disorder, manifested by pain and degenerative disc disease with limited forward flexion of the thoracolumbar spine, does not warrant a disability evaluation in excess of 20 percent.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Casa Grande Medical Center in Casa Grande, Arizona, on December 15, 2004, due to lack of evidence showing a VA facility was not feasibly available and because he had not been an active participant in the VA healthcare system during the preceding 24 months.

The Board has remanded the case to the RO for further examination and determination of whether the veteran's current low back disability is related to his service, specifically in 1946.