Back / lumbar spine decisions — 2009

The Board has remanded the Veteran's claims for additional development, including scheduling VA examinations and obtaining pertinent records.

The Board denied the appellant's claim for reimbursement of private medical expenses incurred on or about May 23rd and May 24th, 2005 at The Ohio State University Medical Center. The denial was based on the lack of prior authorization for payment and the fact that the care provided was not emergent in nature.

The Board denied the Veteran's claims for service connection for right foot bunion deformity and plantar fasciitis, sebaceous cysts, right knee chondromalacia patella, and low back strain/sprain as secondary to his service-connected Type 2 diabetes mellitus. The evidence did not support a finding that these conditions were related to the Veteran's military service or his service-connected diabetes.

The Veteran's appeal is being remanded to the RO due to a change in the hearing officer, and he has requested a new video conference hearing before the Board.

The Veteran's lumbar spine DDD causes limitation of motion and pain, but does not cause ankylosis or incapacitating episodes. As such, the criteria for a higher rating than 40 percent are not met.

The Board has granted service connection for degenerative joint disease of the lumbar spine, finding that with resolution of reasonable doubt in favor of the Veteran, her current condition is related to her in-service back treatments.

The Veteran's claim for an increased rating for lumbosacral disc disease was denied as his disability did not meet the criteria for a higher rating based on unfavorable ankylosis of the entire thoracolumbar spine. The current evaluation of 40% is maintained.

The Veteran's low back disability and related sciatica of the lower extremities are being reviewed to determine if they render him unemployable.

The Veteran's claims for service connection for various conditions, including a right foot and leg disability, bilateral eye disorder, low back disability, chest pains, and dizziness were all denied. The decisions denying these claims are final.

The Veteran's right ankle disability is rated at 10 percent, and his low back disability is rated at 20 percent prior to November 22, 1999, and 40 percent from that date. The appeal for higher ratings remains denied.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records.

The Veteran's claims have been dismissed due to his death.

The Board has determined that the Veteran's low back disability is related to his military service and granted service connection for degenerative disc disease and degenerative joint disease of the lumbar spine.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's appeals for increased ratings and service connection were generally denied. Specific issues include the denial of higher ratings for bilateral pes planus, hearing loss, left testicle removal, cervical fusion with degenerative joint disease and a surgical scar, residuals of cold injuries to the hands and feet, right leg disorder, left upper extremity disorder, PTSD, low back disorder, dizziness, and erectile dysfunction. Service connection was granted for residuals of cold injuries to the hands and feet.

The Veteran's degenerative disc disease of the lumbosacral spine is found to be proximately due to his service-connected intra-articular fracture, right distal femur with malunion and degenerative joint disease, right knee. The claim for secondary service connection is granted.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for lumbar osteomyelitis, claimed as low back, right leg, and hip, due to treatment at a VA medical facility. The case has been remanded for clarification of informed consent documentation.

The Veteran's appeal for service connection for a right hip disorder, claimed as secondary to service connected right knee disability is dismissed due to withdrawal. The case is remanded for further development and readjudication of the remaining issues.

The Veteran's low back disability was denied service connection, but his left hand disabilities were granted an increased rating.

The Board found that there is no evidence linking the Veteran's degenerative joint disease of the lumbar spine to his service or a service-connected disability, and thus denied the claim for service connection.