Back / lumbar spine decisions — 2009

The Veteran's service-connected lumbar spine disability was rated at 10 percent since February 21, 2003. The rating was increased to 20 percent effective September 26, 2003.

The Veteran's lumbar spine disability is currently rated at 20 percent disabling, and the Board has determined that this rating is appropriate based on his symptoms of forward flexion not exceeding 60 degrees. The issue regarding psychiatric disability remains pending as it requires a determination on whether new and material evidence has been received to reopen the claim.

The Board has remanded the case due to insufficient notice provided to the Veteran regarding what evidence would be necessary to reopen his previously denied claim for service connection.

The Board denied the Veteran's claim for service connection for a low back disorder, finding no evidence of an in-service injury or disease and insufficient medical evidence linking his current condition to service.

The Veteran's low back disability is not service-connected and was first manifested years after service.,The Veteran's right knee injury with chondromalacia does not warrant a rating in excess of 10 percent, as his symptoms do not meet the criteria for more severe impairment.

The Board denied the Veteran's claims for service connection for bilateral carpal tunnel syndrome, low back disability, right ankle sprain with residual, tinea pedis, and gastroesophageal reflux disease (GERD). The evidence did not support a current diagnosis of these conditions or establish a link to active service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has not determined whether new and material evidence has been received to reopen the claims for service connection for scoliosis and stenosis or arthritis of the lumbar spine with congenital shortening of the right leg, bronchitis and residuals of pneumonia, schizophrenic reaction, and spastic colitis. The evidence submitted since the last final denial does not relate to a material fact necessary to substantiate any of these claims.

The Veteran's appeal is being remanded for a Travel Board Hearing. The issues of service connection for various conditions are pending.

The Veteran's lumbar spine disability has been manifested by forward flexion limited to 45 degrees and not incapacitating episodes within the past 12 months. Ankylosis and neurological manifestations associated with the service-connected lumbar spine disability have not been shown, resulting in a denial of an increased rating.

The Veteran's claim for service connection for residuals of a spinal tap to the lower back is denied as there is no evidence that his current lumbar spine disability is related to service, including an in-service spinal tap.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's unauthorized medical expenses incurred for back pain treatment at a private hospital were denied as the condition did not meet the criteria for emergency treatment and VA facilities were feasibly available.

The Board has remanded the case to the RO for further appellate review due to a request for a travel board hearing.

The Board has remanded the case for further development due to inadequate examination and evidence.

The Veteran's arthritis of bilateral knees is not service-connected, and his lumbosacral spine disorder has been rated at 10% since July 2003. The claim for a separate rating for arthritis was denied.

The Board found that the Veteran's low back disability did not manifest during service and is not related to his service-connected left knee disability. Therefore, it denied the claim for service connection.

The Board found that the Veteran's current lumbar spine arthritis is not related to service, and thus denied his claim for service connection.

The Board has granted service connection for spondylothesis, stenosis of the lumbar intervertebral foramina, and a herniated nucleus pulposus of L4/5, finding that these conditions are related to the Veteran's in-service motor vehicle accident.

The Board found no evidence of a current low back disorder related to service, and denied the Veteran's claim for service connection.