Back / lumbar spine decisions — 2011

The Veteran's unauthorized medical expenses incurred at the Goodall Hospital on January 6, 2007 are granted as his service-connected back condition constituted a medical emergency and no VA facility was feasibly available.

The Veteran's lumbar spine disability is rated at 40 percent, and his right and left lower extremity radiculopathy are each rated at 20 percent. The claims for increased ratings have been granted.

The Veteran's appeal involves multiple conditions, including asthma and bronchiectasis, sleep apnea, degenerative disc disease of the lumbar spine, gastrointestinal issues, erectile dysfunction, and diabetes. The claims are related to service connection for these conditions based on exposure to Agent Orange during active duty.

The Board has determined that the Veteran's claimed conditions are not related to his service and thus denied all of his claims for service connection.

The Board has granted the Veteran's claim for service connection for residuals of a cold injury of the right hand. The remaining claims, including those related to PTSD, diabetes mellitus due to Agent Orange exposure, and other conditions, are being remanded for further development.

The Board has remanded the case due to incomplete records and requests for treatment information. The Veteran's claim of reopening a service connection for his lower back disability is pending.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Veteran's lumbosacral strain has been rated at 20 percent since October 16, 2004. The rating was increased to 40 percent effective June 21, 2006.

The Board has found that the Veteran's current low back disorder is manifested as a result of his period of active service, and thus service connection for this condition is granted.

The Board has remanded the case due to inadequate examination and need for further development of the Veteran's claims for service connection for left knee and back disabilities.

The Veteran's claims for service connection for a back condition and an acquired psychiatric disorder are being remanded due to the need for additional development, including obtaining VA treatment records and providing the Veteran with a new examination.

The Board has remanded the case for further examination and opinion regarding whether the Veteran's lumbar disc disease had its onset during service.

The Board has determined that additional development is necessary before the claim for service connection for residuals of a low back injury can be decided. The Veteran's claim will be remanded to allow for another VA examination and opinion regarding whether his current low back condition is related to service, specifically the September 1972 motorcycle accident.

The Veteran's initial claim for a higher rating for his lumbar spine disability was granted, and he is currently rated at 40% effective May 1, 2002.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the cervical and lumbosacral spine, to include as due to an undiagnosed illness. The case is now pending with the RO for further development.

The Veteran's service-connected disabilities, including PTSD and hearing loss, have rendered him unable to obtain or retain employment consistent with his abilities, aptitudes, and interests. The Board has granted vocational rehabilitation benefits for a law degree.

The Veteran's claim of service connection for a cervical spine disability is being remanded due to conflicting medical opinions. The case will be reviewed after an additional medical opinion is provided.

The Veteran's claims for increased ratings were denied. The Veteran was granted a 10% rating for internal derangement of the left knee, but his other conditions did not meet the criteria for higher ratings.

The Board denied service connection for a back disability and found that new and material evidence had not been received to reopen the claim of service connection for chondromalacia patella of the left knee. The Veteran's statements regarding continuity of symptoms since service were outweighed by the objective evidence, including negative separation examination and post-service clinical records.

The Board found that the Veteran's low back disorders were not incurred in or aggravated by service and are not causally related to his service-connected right knee disability. The claim for service connection was denied.