Back / lumbar spine decisions — 2011

The Board has determined that a VA examination is needed to determine the nature and etiology of any currently diagnosed low back disability, as well as whether it is related to military service. The appeal will be remanded for this purpose.

The Veteran's PTSD is found to be related to his military service, and he is granted service connection for an acquired psychiatric disorder, to include PTSD. The lumbar spine disability is not linked to his military service.

The Board has determined that the Veteran's low back disorder is etiologically related to his period of active service and grants service connection for this condition.

The Veteran's low back disability was increased to a 20 percent rating effective February 6, 2010. The previous ratings were granted.

The Board has denied the Veteran's claims of service connection for depressive disorder, adjustment disorder, gastroesophageal reflux disease, lumbar spine disorder, and bilateral knee disorder. The evidence does not support a finding that these conditions are related to service.

The Board has determined that further development is needed for the Veteran's claims of service connection for a low back condition and an esophageal condition. The case will be remanded to allow for additional examinations, medical opinions, and consideration of the evidence.

The Board denied the Veteran's claims for service connection for tinnitus and a rating in excess of 20 percent for degenerative disc disease of the lumbar spine with facet arthropathy, finding that there was no evidence linking these conditions to his military service. The claim for total rating based on individual unemployability was also denied.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for bilateral retinal vasculitis with glaucoma, shrapnel wounds of the neck, and shrapnel wounds of the right shoulder.,Service connection is denied as there is no competent medical evidence linking any current disabilities to service.

The Veteran's cervical spine scar does not meet the criteria for a compensable rating, and his lumbar spine conditions do not warrant an increased disability rating.

The Veteran does not have a back disability that is related to his service.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by active service, and there is no competent medical evidence linking it to service. The lumbar spine disability claim will be remanded for further development.

The Veteran's medical expenses at the University of Michigan Hospital were not authorized for payment or reimbursement because VA facilities were feasibly available and he did not attempt to use them beforehand.

The Veteran's low back disability is currently evaluated at 40 percent, and the Board finds that an evaluation in excess of this rating is not warranted based on the evidence provided.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a lumbosacral strain, resulting in a denial.

The Board has determined that the Veteran's degenerative joint and disc disease of the lumbar spine had its onset during active service, granting service connection for this disability.

The Board has granted service connection for right knee anterior cruciate ligament and medial and lateral meniscus tears, chondromalacia, and arthritis; lumbosacral strain/strain and disc protrusion; and paranoid schizophrenia.

The Veteran does not have a currently diagnosed back disorder and his statements are considered lay evidence. The VA examiner found no indication of any relationship between the service-connected bilateral hip disorder and the claimed back disorder, leading to denial of both issues.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current back disability is related to active service, and thus grants the claim for service connection.

The Board denied entitlement to an extraschedular disability rating in excess of the previously assigned 40 percent schedular disability rating for service-connected degenerative disc disease of the lumbar spine, finding that the current evaluation adequately compensates the Veteran's disability.

The Board denied the Veteran's claims for increased evaluations for his service-connected recurrent low back strain, finding that the evidence did not support a rating in excess of 10 percent prior to January 24, 2011 and 20 percent on or after that date.