Back / lumbar spine decisions — 2011

The Board denied the appellant's claim for reimbursement of unauthorized medical expenses incurred from June 1998 to April 2003 at Premier Medical Ear, Nose, and Throat Group. The denial was based on the absence of prior authorization, non-emergent nature of the treatment, and lack of feasibly available VA facilities.

The Veteran's request for service connection for a back disorder is being remanded due to the failure to schedule him for a travel board hearing.

The Board has determined that additional development is needed to ensure all relevant evidence is considered in the Veteran's claims for service connection. Specifically, VA treatment records are sought and a spine examination is scheduled.

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

The Board has reopened the claim for service connection for a back disability based on receipt of new and material evidence, but the underlying claim is denied as it does not meet the criteria for direct service connection.

The Board has determined that additional development is needed to adjudicate the Veteran's claims for service connection for a low back disability and psychiatric disorder, including PTSD. This includes obtaining missing service treatment records, post-service medical records, and arranging for VA examinations.

The Veteran's low back disability was rated at 20 percent since March 16, 2007. From November 25, 2008 to March 7, 2010, he received a separate 10 percent rating for left lower extremity radiculopathy.

The Veteran's service-connected lumbosacral strain with degenerative disc disease was found to not meet the criteria for a compensable initial evaluation prior to September 29, 2009.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any current lumbar spine disability.

The Veteran's low back disability, manifested by chronic pain with forward flexion in excess of 60 degrees and combined range of motion greater than 120 degrees, does not meet the criteria for an evaluation in excess of 10 percent.

The Veteran's DJD of the left knee, osteoarthritis of the hips (claimed as hip dysplasia), and degenerative arthritis of the lumbar spine are all found to be incurred in or aggravated by active service. However, hypertension is not found to be related to service, and residuals of exposure to tincture of Merthiolate were not shown to be incurred in service.

The Veteran's claims for PTSD, a skin disorder (claimed as jungle rot), and a low back disorder are being remanded due to the need for additional development including proper VCAA notice, updated treatment records, and VA examinations.

The Veteran's appeals for service connection for psychiatric and low back disabilities have been dismissed due to the death of the appellant.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule her for a VA examination. The claims will be returned to the Board only if she perfects her appeal.

The Board denied the Veteran's claims of service connection for various conditions, including a lumbar spine disorder and an acquired psychiatric disorder. The decision also addressed his claim under 38 U.S.C.A. § 1151 for additional disability characterized as tremors and uncontrolled salivation.

The Veteran's low back disorder has been rated at 20 percent since June 19, 2010. He is also granted separate compensable rating for left lower extremity radiculopathy from the lumbar spine.

The Board denied the Veteran's claim for service connection for a bilateral ankle disability and whether new and material evidence has been received to reopen his claim for service connection for a back disability, including as secondary to service-connected disability. The decision is final.

The Veteran's service-connected degenerative disc disease with spinal stenosis and S1 radiculopathy is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's low back disability, including DDD and associated radiculopathy, was rated at 40 percent effective November 1, 2010. He is also entitled to a separate rating for moderate neurological abnormalities due to the condition.

The Veteran's cervical spine disability, including DDD and cervical spondylosis, is presumed to be due to service. His left shoulder arthritis is also presumed to be due to service. The Board finds that the evidence supports a finding of service connection for these conditions.