Back / lumbar spine decisions — 2008

The Board has decided to remand the case for further development, including a VA examination to determine if the veteran's service-connected disorders may be aggravating his hypertension.

The Board denied the veteran's claims for service connection for retropatellar pain syndrome of the left knee, right knee, plantar fasciitis of the left foot, and plantar fasciitis of the right foot. The veteran was also denied service connection for back pain due to thoracolumbar scoliosis and PCOS with infertility and hirsutism.

The Board found that the veteran's lumbosacral spine disorder did not meet or approximate the criteria for a higher rating under any applicable diagnostic code, and thus denied his claim for an increased rating.

The Board finds that the veteran's osteoarthritis of multiple joints, including his cervical spine, lumbar spine, knees, hands, and feet, is related to his active military service. The appeal for this issue is granted.

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

The Board has granted a disability rating of 60 percent for the veteran's service-connected intervertebral disc syndrome with history of lumbosacral strain, effective from September 11, 2007. The criteria for this rating were met due to incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board found that new evidence submitted by the veteran raised a reasonable possibility of substantiating his claim for service connection for a low back disability. However, the Board also determined that the current low back disorder was not incurred in or aggravated by his active service and is unrelated to any incident therein.

The veteran's claim for reimbursement of unauthorized medical expenses incurred on June 16, 2006 at Mercy Hospital of Buffalo was denied as she did not meet the requirements under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.1004.

The Board denied the veteran's petitions to reopen his service connection claims for various conditions, finding that new and material evidence had not been submitted.

The Board denied entitlement to increased ratings for lumbosacral strain and chronic mechanical low back pain with degenerative joint disease and disc disease of the lumbar spine, finding that the veteran's conditions did not warrant a rating in excess of the current 10 percent or 20 percent ratings.

The veteran's PTSD has been rated at 100% since January 6, 1997 due to total occupational and social impairment. The low back disability is currently rated as 20%, effective from November 7, 1998.

The Board has remanded the case for additional development due to insufficient medical evidence and missing private treatment records.

The Board has denied the veteran's claim for service connection for a back disability, finding that there is no clear and unmistakable evidence of preexisting condition and that the current back disability did not increase in severity during active duty.

The veteran's claims for service connection for low back and left knee disorders, both secondary to his right knee injury, are being remanded due to the need for additional development.

The Board determined that the criteria for a rating in excess of 40 percent for the veteran's service-connected lumbar spine disability were not met for the time period from September 13, 2001 to the present.

The veteran is seeking an increased rating for his service-connected chronic lumbar spine pain, which has worsened and resulted in hospitalizations and a need for pain clinic treatment. The Board has ordered the RO to schedule the veteran for a VA orthopedic examination to assess the current status of his disability.

The VA determined that the veteran's lumbosacral strain with degenerative disc disease did not warrant a rating higher than 20 percent.

The Board has remanded the case for further development due to a need for additional VCAA notice and because of pending legal issues.

The veteran's claim for service connection for lumbosacral strain and degenerative joint disease of the lumbar spine, claimed as lower back pain, is being remanded to allow the veteran to be rescheduled for a Travel Board hearing.

The Board has ordered the RO to provide a VA examination for the veteran's low back disability, as there is evidence of an inservice injury and current disabilities that may be related. The claim will be readjudicated after the examination.