Back / lumbar spine decisions — 2009

The Veteran's unauthorized medical expenses for emergency services at Bridgton Hospital on December 15, 2007 are granted as the treatment was necessary due to an emergency and no VA facility was feasibly available.

The Board has determined that a remand is necessary to address the Veteran's claims for service connection and new and material evidence. Specifically, he needs to be provided proper notice regarding his back condition claim, including the bases for the prior denial and what evidence would be needed to substantiate it. Additionally, he requires a VA examination to determine the nature and etiology of his left shoulder condition.

The Veteran's low back disability is currently rated at 60 percent since December 6, 2008. The RO has granted a higher rating than the previous 40 percent for this condition.

The Board has granted service connection for lumbosacral spine degenerative disc disease, finding that the current condition is related to military service.

The Board denied the Veteran's claim for service connection for a back disability (claimed as osteoporosis) because there was no clear and unmistakable evidence that he had a preexisting back condition. The Board found that his service treatment records were negative for any complaints, diagnosis, or treatment of a back disability.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has determined that the Veteran's cervical and lumbar spine disorders are not related to his active service, and thus denied his claims for service connection.

The Board found that the Veteran's low back problems were acute and transitory during service, with no residual disability. A chronic low back disability was initially demonstrated many years after service and the evidence does not link it to service.

The Board has denied the Veteran's claims for service connection for residuals of venereal disease, bilateral ankle disorder, bilateral foot disorder, and back disorder due to a lack of current evidence supporting these conditions.

The case is being remanded for additional development, including a new examination to determine the nature and etiology of any current back disability and whether it was incurred in or aggravated by service. The Veteran's left knee and right knee disabilities are also under review.

The Veteran's claim for service connection for osteoarthritis, left knee was granted. The claim for an initial rating in excess of 10 percent for a low back disability was also granted.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and conducting a new VA examination. The issues of increased evaluation for lumbosacral strain and degenerative disc disease of the lumbar spine, as well as TDIU, must be readjudicated.

The Veteran's claim for a higher rating for traumatic arthritis of the left ankle with disuse osteoporosis is granted. The claim for service connection for lumbar strain as secondary to traumatic arthritis, left ankle with disuse osteoporosis is also granted.

The Veteran's low back disability, with consideration of pain and weakness, does not meet the criteria for an initial evaluation in excess of 40 percent.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 is granted, and his claims for service connection are decided in favor of the Veteran.

The Board has dismissed the issue of entitlement to service connection for residuals of a cold injury to the left foot due to withdrawal by the Veteran. The low back disability claim is being remanded for additional development.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected low back disability. Additionally, he must be provided with an effective date prior to March 10, 2008 for his radiculitis in the lower extremities.

The Veteran withdrew his appeals for both issues on appeal, resulting in their dismissal.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of entitlement to service connection for a back disability. The appeal is considered 'mixed' as it involves both issues related to service connection (whether new and material evidence was submitted) and whether the Veteran's current condition was aggravated by service.

The Board has reopened the claim for service connection for a low back disorder and granted it, finding that the evidence is in equipoise on whether the current disability is due to active service.