Back / lumbar spine decisions — 2012

The Veteran's claim for a higher rating for his service-connected lumbar strain was granted, with the effective date being October 1, 2002.

The Board has determined that there is no evidence to support the Veteran's claim of a back disability related to service, and thus denied his claim for service connection. The issue of compensation benefits under 38 U.S.C.A. § 1151 for negligent VA medical procedures in connection with a left knee replacement remains pending.

The Board has ordered a remand to ensure compliance with certain United States Court of Appeals for Veterans Claims (Court) case law and there is a complete record upon which to decide the claim. The Veteran asserts that service connection is warranted for a low back disability, but the VA examiner's opinion was inadequate.

The Board found no evidence of a lumbar spine disability during service and denied the Veteran's claim for service connection.,There is no credible evidence showing that the Veteran's current left eye disability was incurred or aggravated by active military service.

The Veteran's service-connected compression fracture of the L2 vertebra with deformity is currently rated at 20 percent, which is the maximum schedular rating available. The evidence does not support a higher rating as there are no findings of unfavorable ankylosis or favorable ankylosis.

The Board has remanded the claims of service connection for residuals of a low back injury, disability of the feet, and disability of the right leg due to incomplete information from private health-care providers.

The Board denied the Veteran's claims of entitlement to service connection for bilateral ankle disability, low back disability, and bilateral knee disability. The decision concluded that there was no evidence linking these disabilities to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical examinations to assess the severity of his service-connected disabilities and considering any new evidence submitted.

The Veteran's appeals for increased ratings for degenerative disc disease of the thoracolumbar spine and gastroesophageal reflux disease with hiatal hernia have been resolved by a Decision Review Officer decision, which granted higher ratings effective February 1, 2007. The Veteran has now withdrawn his appeal.

The Board has determined that the Veteran's claims for earlier effective dates are denied as there is no evidence showing a claim was filed prior to April 24, 2007.

The Veteran's back disability and radiculopathy of the lower extremities have been rated based on their service-connected status, with a 40% rating for the lumbar spine effective January 14, 2009.

The Veteran's lumbosacral strain and neurological abnormality of the left lower extremity are currently rated at 40 percent, effective February 24, 2009. The appeal is denied as there is no evidence that warrants a higher rating prior to this date.

The Veteran's appeal concerning service connection for a lumbar spine disability has been withdrawn. The case is being remanded to obtain updated private treatment records and conduct a VA examination for the right lateral epicondylitis.

The Veteran's unauthorized private medical expenses incurred on May 29, 2008 for low back pain and left lower extremity radiculopathy were found to meet the criteria for payment or reimbursement due to the absence of preauthorization by VA and the need for immediate emergency care.

The Veteran has withdrawn his appeal, and the Board does not have jurisdiction to review these issues.

The Board has determined that the Veteran does not have current disabilities of bilateral hearing loss, lumbar spine disability, or bilateral eye disability that are related to his period of military service. The VA examiner found no evidence linking these conditions to his active duty.

The Veteran's medical expenses at the Lincoln Medical Center on June 6, 2009 are covered by VA as they met the criteria for emergency treatment due to her severe back pain.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, but does not meet the criteria for a higher rating based on functional loss due to pain and flare-ups.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed lumbar spine disability, including whether it is related to service-connected peripheral vascular disease or incurred during service.

The Veteran's disability rating for his DJD of the lumbar spine was initially set at 10 percent, and this decision denies any request for an evaluation in excess of that.