Back / lumbar spine decisions — 2010

The Veteran's lumbar spine disorder, including degenerative disc disease and spondylolithesis, does not meet the criteria for a rating in excess of 10 percent. The radiculopathy associated with this condition has been granted but is rated at 20 percent.

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

The Board has reopened the claim of entitlement to service connection for a low back disability and determined that it was not incurred or aggravated during active service. The Veteran's current lumbosacral strain is considered to be related to his pre-existing condition, but arthritis may not be presumed to have been incurred during active duty service.

The Veteran's appeal includes claims for earlier effective dates for service connection and TDIU, as well as a claim regarding clear and unmistakable error in an August 2002 rating decision. The case is being remanded to allow the RO to develop these issues.

The Board found that the Veteran's claimed conditions, including a back condition and various knee and ankle issues, were not incurred or aggravated by service. The evidence did not support a finding of direct service connection for these conditions.

The Veteran's death was not caused by a service-connected condition, and the appellant did not meet the requirements for DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings based on current medical evidence.

The Veteran's claim for payment or reimbursement of medical expenses incurred at St. Mary's Regional Medical Center on January 16, 2007 is denied as the treatment was not in a medical emergency situation and VA facilities were available.

The Veteran's appeal is being remanded for additional development of the record, including obtaining treatment records from the Roudebush VAMC since October 2008.

The Veteran's appeal is being remanded due to the need for further development and consideration of his claims, including an extra-schedular evaluation.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no evidence of a psychosis or sensorineural hearing loss within one year post-service, and the Veteran is not entitled to an increased rating for his lumbar spine disability or headaches.

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

The Veteran's service-connected lumbar spine disability has not resulted in an exceptional or unusual disability picture so as to render impractical the application of the regular schedular standards, and therefore her claim for an increased rating on an extraschedular basis is denied.

The Board has remanded the case for additional development due to incomplete medical opinions and other procedural issues.

The Veteran's claims for service connection for various disabilities are being remanded due to the need for additional examinations and consideration of his claims.,The Veteran is seeking service connection for a left hip disability, right knee disability, low back disability, and frostbite residuals. The Board has requested further examination and review of his medical records to determine if these conditions are related to his service-connected left knee disability or other in-service events.,The Veteran also seeks TDIU based on his service-connected disabilities.

The Board has determined that the Veteran's spine disability warrants a rating of 20 percent, but no more, for his service-connected lumbosacral strain (low back disability).

The Board found that the Veteran's current lumbar spine disability was not incurred in or aggravated by his active service and denied the claim.

The Veteran's low back strain with degenerative narrowing at L4-5 was granted a 40 percent rating effective December 13, 2004.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the current assigned ratings adequately reflect the severity of his service-connected low back strain and associated radiculopathy.

The Veteran's low back disorder is manifested by chronic pain and moderate limitation of motion, but there is no objective evidence indicating severe impairment or incapacitating episodes. The current rating of 20 percent adequately reflects the severity of her disability.