Back / lumbar spine decisions — 2009

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, bilateral foot disorder, bilateral ankle disorder, and low back disorder. The claim for a right shoulder disorder was not reopened due to lack of new and material evidence.

The Board has denied the Veteran's claims for service connection for hepatitis C, back disability, and neck disability due to a lack of competent medical evidence linking these conditions to his military service.

The Board has remanded the case for further development, including obtaining VA examination reports and outpatient treatment records.

The Veteran's low back disability is rated at 10 percent, and her essential tremors are not service-connected. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's claims for service connection were denied, except for the reopening of a claim for low back disability and granting secondary service connection for right arm disability. Other claims were not supported by evidence.

The Veteran's claim for an increased evaluation for low back strain, status post laminectomy with fusion L5-S1 is being remanded due to scheduling issues.

The Veteran's claims for service connection for low back and cervical spine disorders have been denied as there is no current evidence of these conditions.

The Board finds that the Veteran's current low back disorder is at least as likely as not related to his in-service injury, and grants service connection for a low back disorder.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a back disability. The appeal is granted.

The Board found no evidence of a current diagnosis of memory loss as a disability and denied the Veteran's claim for service connection. The claims of entitlement to service connection for tension headaches with migraine features and lumbar herniated disc, L4-L5, lumbar myositis are remanded due to insufficient medical examination.

The Veteran's medical treatment at St. Peters Hospital on August 14, 2003 was not authorized by VA and did not meet the criteria for reimbursement under emergency treatment provisions.

The Veteran's claims for an initial compensable disability rating for service-connected patellar femoral arthritis, left knee; service connection for a neck condition, to include cervical strain and DJD; and service connection for a back condition, to include dorsal back sprain and DJD are being remanded due to the need for additional development.

The Veteran's appeal is being remanded due to scheduling issues for a video-conference hearing before the Board of Veterans' Appeals.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Veteran's service-connected diabetes mellitus, type II, associated with herbicide exposure, does not prevent him from securing and following any form of substantially gainful employment.

The Veteran's disability picture reasonably encompasses a variety of significant multi-system disabilities that render him more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person, warranting the grant of SMP benefits based on the need for regular aid and attendance.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for degenerative joint disease of the lumbar spine, status post laminectomy and posterior lateral fusion of L4, L5 and S1. The original denial was based on a lack of evidence showing chronic disability resulting from an in-service injury.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional examination and development of medical records.

The Veteran's nonservice-connected disabilities include degenerative disc disease of the lumbar spine, moderate L5 radiculopathy, left S1 radiculopathy, and hepatitis C. His combined disability rating is 40 percent. The Board found that his disorders fail to meet the minimum schedular rating for consideration of a nonservice-connected pension.

The Board has remanded the case for additional development, including obtaining National Guard service records and SSA benefits information.