Back / lumbar spine decisions — 2011

The Board finds that there is no credible evidence linking the Veteran's current cervical spine and low back disabilities to her military service. The claims are therefore denied.

The Board has denied the Veteran's requests to reopen his claims for service connection for right knee and low back disorders due to lack of new and material evidence.

The Board has determined that the Veteran's lumbar spine disorder is related to his service-connected disability of degenerative changes, first metatarsals, bilateral feet and grants entitlement to service connection for this condition.

The Board found that the Veteran's current low back disability was not incurred or aggravated by his active military service and denied his claim.

The Veteran's appeal for service connection of a left testicular disorder was denied. The Board found that the preponderance of evidence did not support the claim, as there is no diagnosis of a current left testicular disability and no medical evidence linking any current condition to his military service.

The Board found no evidence of hearing loss or low back disability during service and denied the Veteran's claims for these conditions.

The Veteran's appeal is being remanded for further examination and development of his claims, including a new VA examination to determine the nature and etiology of his lumbosacral spine disability, as well as an increased rating for his service-connected left knee strain with degenerative changes and right knee degenerative joint disease.

The Veteran's appeal is remanded due to the need for a VA examination and consideration of whether an extraschedular rating should be assigned.

The Veteran's claim for an increased rating for lumbosacral strain was denied as his disability did not meet the criteria for a higher rating.

The Veteran's death was not due to a service-connected disability, as he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board has ordered a new VA examination to address the issues of service connection for low back disability and whether it is aggravated by the Veteran's service-connected bilateral foot disability. The case will be remanded for further development.

The Board denied the claim for an increased rating on a schedular basis and remanded the issue of an extraschedular rating. The VA Director of Compensation and Pension Service (C&P) determined that a disability rating on an extraschedular basis was not assignable because the Veteran's degenerative disc disease did not show an exceptional disability picture.

The Board has remanded the case for further development, including obtaining service treatment records and an examination to determine if any current lumbar spine disorder is related to service. The Veteran's claims for service connection remain pending.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of his service-connected thoracolumbar spine disability. The issues of increased rating and TDIU are also being addressed.

The Board has determined that the Veteran's low back disability is related to her in-service injury and finds service connection for this condition is warranted.

The Board has reopened the Veteran's claim and found that new evidence received since January 2002 is sufficient to reopen the claim. The Board then determined that service connection for a back disability cannot be granted as there is no medical evidence linking the current condition to service.

The Board has remanded the case for additional development to address the presumption of soundness and to obtain records from active duty after 1980. The Veteran's service dates are unclear, and she may have had active duty or active duty for training in November 1990 and April 1993.

The Veteran's lumbosacral strain is not productive of incapacitating episodes having a total duration of at least six weeks during the past 12 months, and his radiculopathy has been productive of pain, decreased sensation, and functional impairment. The Board granted an initial 40 percent disability evaluation for both conditions.

The Veteran's unauthorized private medical expenses incurred during his rehabilitation care from May 28, 2009, to June 9, 2009, are not eligible for payment or reimbursement because the treatment was not related to a service-connected disability and did not constitute an emergency requiring immediate attention.

The Veteran's service connection claim for a low back condition, diagnosed as lumbar spine degenerative osteoarthritis, was granted. His pes planus disability is currently rated at 10 percent.