Back / lumbar spine decisions — 2013

The Board has remanded the case due to insufficient reasoning in its previous decisions regarding service connection for a low back disorder and an acquired psychiatric disorder other than PTSD. The Veteran's lay statements of having experienced these conditions since service are being considered, along with VA examination reports.

The Board found no evidence to support a finding that the Veteran's current back disorder is related to his active service, including any worsening of pre-existing scoliosis. The claim for service connection was denied.

The Board found no evidence of a right leg disability or low back disability to include degenerative joint disease as incurred in service, and thus denied the Veteran's claims.

The Board has determined that the Veteran's current cervical, thoracic, and lumbosacral spine disorders are not related to his active service. The in-service motor vehicle accident did result in injuries but these were treated and resolved without chronic symptoms persisting post-service.

The Veteran's low back and lung disabilities are found to be related to his active duty service, including exposure to herbicides in Vietnam.,Service connection is granted for both the low back disability and lung disability.

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

The Veteran's disabilities of the cervical spine, lumbosacral spine, stomach, and left shoulder were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Veteran seeks service connection for back and hip disorders that he claims are secondary to his service-connected bilateral feet and knee disabilities. The Board has determined additional development is needed as the current examination reports do not adequately address the Veteran's assertions regarding his gait and hip abnormalities.

The Veteran's claims for increased ratings for thoracolumbar degenerative disc disease, left patellar recurrent subluxation, and right patellar recurrent subluxation were denied as the evidence did not show ankylosis of the entire thoracolumbar spine or incapacitating episodes of at least six weeks in any 12-month period.

The Veteran's unauthorized medical expenses incurred from May 6, 2009 through May 8, 2009 at Maine Medical Center were approved due to the emergent nature of his condition and the unavailability of VA facilities that could have provided the necessary care.

The Veteran's death was not service-connected, and the claim for DIC benefits under 38 U.S.C.A. § 1318 was denied as he did not meet the eligibility requirements.

The Board is reopening the claim for service connection of a low back disability and remanding other claims due to need for further development.

The Board has remanded the case due to a failure to afford the Veteran a hearing, and the case is now pending before the Board for further action.

The Board has determined that the Veteran does not have a current disability for any of the claimed conditions and therefore, service connection cannot be granted.

The Veteran's low back disability, specifically DDD of the lumbar spine, is rated at 20 percent disabling prior to October 22, 2009; and again as 20 percent disabling from March 10, 2011. The claim for TDIU was not adjudicated by the RO.

The Board finds that the Veteran's current back disability is not related to his military service, as there was no evidence of a chronic back condition during or after service. The preponderance of the evidence does not support a finding in favor of service connection.

The Veteran's claim for an initial rating greater than 60 percent for chronic low back pain with history of arachnoiditis was granted, effective July 24, 1995. The case is remanded to determine the appropriate effective date for his special monthly compensation based on aid and attendance.

The Board has remanded the Veteran's claims for an increased rating for his low back disability and a TDIU due to service-connected disabilities. The case is being returned to the RO for further development, including obtaining VA treatment records, scheduling examinations, and readjudicating the claims based on new evidence.

The Veteran's claim for a higher evaluation for his lumbar spine disability was granted, and he is now rated at 60 percent effective June 26, 2008. Service connection for radiculopathy of the bilateral lower extremities prior to August 11, 2010, was also granted.

The Board has granted service connection for the Veteran's claimed back injury, right knee disability, and left knee disability. The evidence shows that these conditions are related to his military service.