Back / lumbar spine decisions — 2009

The Board has decided to remand the case for additional development, including obtaining service treatment records and private medical records.

The Veteran's claims for increased rating and service connection were denied. The Board found no evidence of incapacitating episodes or a current diagnosis of radiculopathy or bilateral hip disability.

The Veteran's claim of entitlement to an evaluation higher than 10 percent for service-connected residuals of a left wrist fracture was denied. The Board found that the current rating adequately reflects his disability picture, and there is no evidence showing marked interference with employment or necessitating frequent periods of hospitalization. For the claim of service connection for a back condition, the case was remanded due to inadequate opinion from the July 2007 VA medical examiner regarding the relationship between the Veteran's current low back disability and his period of active military service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a lumbar spine disability. The Board finds that there is sufficient medical and lay evidence to raise a reasonable possibility of substantiating the underlying claim, linking the current lumbar spine disability to the in-service injury during World War II.

The Veteran's claims for higher ratings and service connection were denied. The initial rating of 10 percent for the left femur fracture with intramedullary rod placement was upheld, as his disability does not meet criteria for a higher rating.

The Board has determined that the Veteran should undergo VA examinations to assess his upper back disability, lumbar spine disability, and radiculopathy. The case is also remanded for additional development related to vocational rehabilitation and updated treatment records.

The Board has remanded the case for further action, including scheduling a hearing before the Board.

The Board has remanded the case due to the need for additional development, including obtaining SSA records.

The Board found that the Veteran's service-connected conditions did not cause or contribute to his death, and thus denied DIC benefits. The appellant also sought DIC under 38 U.S.C.A. § 1318 but was denied as well.

The Board found that the Veteran's low back disorder was not incurred or aggravated by active service and denied his claim for service connection.

The Board has reopened the Veteran's previously denied claim of service connection for a low back condition and granted it, finding that there is at least equipoise evidence in favor of her claim.,Service connection was denied for headaches as there is no competent medical evidence linking current headaches to active duty service.

The Board denied service connection for a thoracolumbar spine disorder, left knee disorder, fatigue, and headache disorder. Service connection was granted for post-operative residuals of a hysterectomy.

The Veteran's unauthorized medical expenses incurred on January 23, 2005 for non-VA hospital treatment are granted as the condition was judged to be emergent by a prudent layperson.

The Veteran's appeal for an initial compensable rating prior to October 1, 2008 and in excess of 20 percent since October 1, 2008 for degenerative disc disease of the cervical spine has been dismissed as he withdrew his claim during a hearing.

The Veteran's claim for an increased rating for low back strain was denied as her disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's low back disability is currently rated at 10 percent under Diagnostic Code 5295, and a higher evaluation of 20 percent is granted.

The Veteran's claims for increased ratings and service connection were denied. The RO provided the Veteran with multiple opportunities to submit evidence, but he failed to appear at scheduled VA examinations.

The Veteran's service-connected chronic lumbar spine pain is rated at 20 percent effective July 14, 2007.

The Board found no evidence to support the Veteran's claim for service connection of a low back disorder, concluding that any current condition is not causally related to his active service or any incident therein.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is etiologically related to his active service, and thus grants service connection for this condition.