Back / lumbar spine decisions — 2010

The VA determined that the Veteran's current low back disability was not incurred or aggravated by his active military service.

The Board found that the Veteran's pre-existing spondylolisthesis of the lumbosacral spine was aggravated by his active military service, and granted service connection for this condition.

The Veteran's unauthorized medical expenses incurred at a private hospital on December 10, 2008 were not rendered in an emergency and VA facilities were feasibly available to provide the services provided at the private hospital. Therefore, payment or reimbursement is denied.

The Veteran's appeal was denied because he did not file a timely notice of disagreement to the May 2006 rating decision that severed service connection for fibromyalgia and low back with chronic pain, effective June 1, 2006. The issues of entitlement to a disability rating in excess of 50 percent for major depressive disorder and an earlier effective date for service connection are remanded.

The Veteran's claims for increased ratings and service connection were denied. The effective date of the increased rating for mechanical low back pain was not granted.

The Veteran's claims for service connection for chronic right upper leg disorder, chronic right foot drop, and chronic right ankle disorder were denied. The claim for a chronic lumbar spine disorder was also denied as it is not related to service-connected disability.

The Board has remanded the case due to the need for a VA orthopedic examination and further development of the claims.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the impact of his service-connected lumbar spine disability on his employability.

The Board found that the Veteran's bilateral knee and back disabilities are not related to his service-connected bilateral ankle disabilities. The claims for service connection were denied.

The Board found that the Veteran's current low back disability did not have its onset in service and was not caused or aggravated by his active service. Therefore, the claim for service connection for a low back disability is denied.

The Veteran's lumbar spine disability and associated radiculopathy were evaluated, with the current rating of 40 percent for the period beginning April 13, 2006. The appeal was denied as there is no evidence of incapacitating episodes or ankylosis.

The Board determined that the Veteran's lumbar spine disability does not warrant a higher rating as his symptoms do not meet or approximate the criteria for a disability rating in excess of 40 percent.

The Board found that the Veteran's low back disability is not proximately due to or the result of any incident of service or service-connected disease or injury, including residuals of a right shoulder fracture and thoracic outlet surgery with rib resection. The claim for cervical spine disorder was remanded.

The Board denied the Veteran's claim for service connection of his lower back disability, finding that there is no evidence linking his current condition to his active military service.

The Veteran's service-connected low back disability, diagnosed as unilateral sacroiliitis with pain, is currently rated at 20 percent and the appeal for a higher rating has been denied.

The Board denied the Veteran's claims for reopening his service connection claims for right wrist and low back disorders due to lack of new and material evidence.

The Veteran's lower back disorder, resulting in severe lumbosacral strain and limited forward flexion of the thoracolumbar spine, is rated at 40 percent. The Veteran also has right and left lower extremity neuropathy secondary to his lower back disorder, which warrants separate 10 percent ratings. Additionally, he has bladder impairment/increased urinary frequency as a result of his lower back disorder, warranting a separate noncompensable rating. A single tender scar related to the Veteran's lower back surgery is rated at 20 percent.

The Veteran's cervical and lumbar spine disabilities are being remanded for further examination and opinion regarding their relationship to his service-connected migraine headaches.

The Board has denied the Veteran's claims for service connection for a low back disability, left arm condition, and nephrolithiasis. The claim for nonservice-connected pension was not adjudicated due to lack of jurisdiction.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining a line of duty finding and scheduling VA examinations.