Back / lumbar spine decisions — 2010

The Veteran's claim for an increased evaluation for his service-connected lumbar back herniated nucleus pulposus at L5-S1 with arthritis is being remanded due to the need for additional medical records and a more contemporaneous VA examination.

The Board has granted service connection for osteoarthritis of the lumbar spine, finding that it is likely related to an in-service injury.

The Board found that the Veteran did not timely file a substantive appeal regarding his disagreement with the initial evaluations assigned for service-connected depression, bilateral hearing loss, right knee disorder, and degenerative arthritis of the low back. As such, the appeal was dismissed.

The Veteran's TDIU claim is granted as his service-connected disabilities combine to make him unable to secure or follow substantially gainful employment.

The Board has remanded the case for further development, including additional examinations and a medical opinion regarding the Veteran's lumbar spine disability. The appeal now includes a claim for TDIU.

The Veteran's claim for payment or reimbursement of unauthorized, non-VA medical expenses incurred on June 7, 2008 was denied because the emergency treatment provided did not meet the criteria set out in 38 U.S.C.A. § 1725.,The Veteran's claim for payment or reimbursement of unauthorized, non-VA medical expenses incurred on January 11, 2009 was also denied because the emergency treatment provided did not meet the criteria set out in 38 U.S.C.A. § 1725.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including consideration of evidence from 2000 onwards and evaluation under amended regulations pertaining to spinal disabilities.

The Board denied service connection for a low back disability as secondary to service-connected compression fractures of T4, T5, and T6. The issue of entitlement to an effective date earlier than May 7, 2002, for Total Disability Rating Based on Individual Unemployability (TDIU) was also addressed but is remanded.

The Veteran's claim for restoration of a 40 percent rating for lumbosacral strain from July 1, 2007 is being remanded due to the need for additional development and adjudication.

The Board denied the appellant's petition to reopen his claim of service connection for a low back disability, finding that new and material evidence had not been submitted.

The Veteran's combined rating for service-connected disabilities was 50 percent before August 22, 2006, which did not meet the minimum schedular requirements for a total disability rating for compensation based on individual unemployability. The case is REMANDED to consider an extraschedular rating.

The Board has determined that the Veteran's current back disorder had its onset during active service and is related to his military duties, granting service connection for lumbosacral spine degenerative arthritis with degenerative disc disease at L5- S1.

The Veteran's service-connected right shoulder tendonitis and lumbosacral sprain were evaluated, but the appeals for higher ratings were denied.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service and arthritis of the spine may not be presumed to have been incurred therein. The Veteran's total disability rating based on individual unemployability due to service-connected disabilities is also denied.

The Board found that the Veteran's DDD of the lumbar spine and left knee and hip disabilities are not related to his service, with the exception of a possible fall causing his symptoms. The claims for secondary service connection were denied.

The Board finds that the preponderance of evidence is against a finding that the Veteran's current low back disability was incurred in or aggravated by his service, including his injuries in 1961 and 1987.

The Veteran's appeal is being remanded due to his request for a hearing before the Board of Veterans' Appeals.

The Veteran's claim for service connection for chronic thoracolumbar back pain and skin cancer was denied. The Board found no evidence of a current disability, or any link between the claimed conditions and military service.

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

The Veteran's appeal is remanded due to the need for additional VA examinations and records, as well as consideration of whether TDIU under 38 C.F.R. § 4.16 is warranted.