Back / lumbar spine decisions — 2011

The Veteran's lumbar spine disorder is currently rated at 10 percent for the period prior to July 24, 2009 and at 20 percent since that date. The claimant does not meet the criteria for a higher rating under the applicable diagnostic code.

The Veteran's service-connected lumbar spine disability was found to be less than the maximum benefit allowed by law, with a rating of 40 percent effective March 17, 2008.

The Board has determined that the Veteran's current neck disabilities, including a compression fracture of the cervical spine and degenerative disc disease, are related to his in-service injury. The claim is granted.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection of a low back disorder. Resolving all reasonable doubt in favor of the Veteran, the criteria for service connection have been met.

The Veteran's claims for service connection for tinnitus, low back disability, acquired psychiatric disorder (including PTSD), and bilateral hearing loss were denied. The claim for compensation under the provisions of 38 U.S.C.A. § 1151 for a left patellar tendon rupture was not addressed in this decision.

The Board found no clear and unmistakable error in the April 1987 rating decision that denied service connection for a back disorder, as the evidence at the time supported the denial based on the Veteran's congenital condition not being aggravated by military service.

The Board has determined that the Veteran's current low back disorder is related to his inservice injury, and thus service connection for this condition is granted.

The Board has determined that the Veteran's unauthorized medical expenses for emergency services at Kingston Hospital from December 27, 2009 to December 30, 2009 meet all criteria for reimbursement under 38 U.S.C.A. § 1725.

The Veteran's service-connected low back strain and degenerative disc disease of the lumbar spine, with a history of fusion surgery, did not meet the criteria for an increased rating beyond 40 percent from July 11, 2007.

The Board has remanded the case for additional development, including obtaining updated treatment records from the VA Medical Center in Columbia, South Carolina and requesting Social Security Administration (SSA) records. The Veteran's claim for TDIU will also be addressed.

The Board has remanded the case for additional development, including obtaining SSA records and a VA examination to determine if the Veteran's current low back disability is related to service or any post-service injuries.

The Veteran's claims for increased ratings and initial compensable ratings were granted, with the DDD of the lumbosacral spine receiving a 40 percent rating effective August 3, 2006. The right knee, left ankle pain, and right ankle pain each received initial noncompensable (0%) ratings effective October 7, 2008.

The Veteran's low back disability was rated at 40% prior to April 13, 2007 and at 60% since then. The Board also granted a TDIU effective from April 28, 2007.

The Board denied service connection for a low back disability and granted an initial, noncompensable rating for the ingrown toenail of the right great toe.

The Board has determined that the Veteran's service-connected thoracolumbar strain and allergic rhinitis do not warrant a higher disability rating based on current evidence of record.

The Board found that the Veteran's current low back disability is not attributable to service, and thus denied his claim for service connection.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a back disorder. However, the claim is denied as there is no competent evidence showing that the Veteran's current back disorder had its onset in service or within one year thereafter, or that it is otherwise related to any incident of service.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for additional back disability resulting from a March 1999 discogram was denied as the procedure was performed at a non-VA facility by a non-VA employee, and thus does not meet the requirements under 38 U.S.C.A. § 1151.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, and no higher. The appeal for increased ratings was denied.