Back / lumbar spine decisions — 2011

The Board has determined that the appellant does not have a current disability of the shoulders, arms, left hand, or lumbar spine. The acquired psychiatric disorder to include PTSD and depression is also denied as it was not incurred in service.

The Veteran is seeking to establish service connection for chronic lumbosacral strain. The Board has determined that additional development, including obtaining medical records and a VA examination, is necessary before the claim can be decided.

The Board has determined that the Veteran's claim for service connection for lumbosacral region post fusion with a right posterior iliac graft and involvement of the right lower extremity cannot be reopened as there is no new and material evidence to support it.

The Board has remanded the claims of service connection for PTSD, a low back disability, and migraine headaches due to new evidence received since previous decisions. The claim for psychiatric disabilities other than PTSD/bipolar disorder remains denied as no new material evidence was found.

The Board found that the Veteran's private medical treatment on December 4, 2006 did not meet the criteria for reimbursement under VA regulations because it was not rendered in a medical emergency of such nature that delay would have been hazardous to his life or health.

The Board denied the Veteran's claims for service connection for a right leg and knee disorder, back disorder, and left leg and knee disorder. The decision is based on direct evidence and no presumption of service connection.

The Board has determined that the Veteran's residuals of a fractured coccyx are service-connected. The issue of entitlement to an initial rating higher than 30 percent for migraine headaches remains before the Board.

The Veteran's sinusitis claim is dismissed as he withdrew his appeal.,Service connection for a back disability was denied due to lack of evidence linking the current condition to service.,There is no diagnosed condition related to leg cramps, and thus the issue remains in its 'unknown' status.

The Board has denied the Veteran's claims for service connection for a left knee disorder, low back disorder, and peripheral neuropathy of the upper and lower extremities as secondary to his service-connected shell fragment wound of the left thigh. The RO should schedule the Veteran for VA examinations to determine if these conditions are related to service.

The Board has remanded the case to the RO for further consideration, including scheduling a Travel Board hearing. The appellant's claim of service connection for a back condition is pending.

The Veteran seeks service connection for a low back disability. The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the Veteran for an examination to determine if her current low back disability is related to service.

The appellant does not meet the basic eligibility requirements for VA benefits due to lack of qualifying service with the U.S. Armed Forces.

The Board found that the Veteran's low back disorder and asbestos exposure to include cancer of the larynx (verrucous cell carcinoma) were not incurred or aggravated by active service.

The Veteran's claim for an initial disability rating in excess of 40 percent for residuals of lumbar spine injury was denied. The RO assigned a 40 percent disability rating effective from May 19, 2003.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records.

The Veteran's low back strain is rated at 40 percent, and he does not meet the criteria for a TDIU based on his service-connected disabilities.

The Board denied the Veteran's claims for increased ratings for his service-connected low back strain, right ankle strain, scar of the left index finger, and recurrent idiopathic polycyclic urticaria.

The Veteran's back disability is characterized by limitation of motion and mild radiculopathy, warranting a 40 percent evaluation.,He also has associated radiculopathy of the bilateral lower extremities, which is evaluated as 10 percent for each side.

The Veteran's claim for a TDIU on an extraschedular basis was denied as his service-connected disabilities do not prevent him from securing and following any substantially gainful occupation.

The Board found that the cervical spine disability and shoulder arthritis were not incurred in or aggravated by service, and are not otherwise related to service.