Back / lumbar spine decisions — 2013

The Board found that the Veteran does not have a current low back disability and therefore denied service connection for this condition.

The Board has remanded the case for additional development due to incomplete records and further examination.

The Board has decided to remand the case for further development, including obtaining additional medical records and clarifying the examiner's opinion regarding the etiology of the Veteran's low back disability.

The Board has determined that the Veteran's left knee, low back, and left wrist disorders are related to his military service. The evidence shows that he experienced pain in these areas since his time on active duty.

The Veteran's TDIU claim was withdrawn. For migraines, a rating of 50 percent is granted effective January 26, 2012. For major depressive disorder associated with lumbar spine strain, a rating of 50 percent is granted.

The Veteran's appeal was dismissed due to the death of the appellant.

The Board has determined that the Veteran's low back disability is proximately due to or the result of his service-connected bilateral pes planus, and thus grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations.

The Board has determined that further development is needed to determine the nature and etiology of any current back disorder, including whether it is related to service. The Veteran's claim will be returned for this purpose.

The Board found that the Veteran's service-connected lumbar intervertebral disc syndrome has not resulted in any incapacitating episodes or ankylosis, and thus did not meet the criteria for a rating in excess of 20 percent.

The Board has remanded the case for additional development due to concerns about the sufficiency of the October 2009 VA examination and the need for a new examination to determine the etiology of the Veteran's lumbar spine disability.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling a VA examination to assess his employability due to service-connected disabilities. The claim of secondary service connection for anxiety reaction will also be considered.

The Board has determined that the Veteran's unauthorized medical expenses incurred on April 17, 2009 and May 7, 2009 do not meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1728 due to lack of emergency treatment.

The Veteran's low back disability, diagnosed as lumbar strain, is found to have manifested in service and persisted since. Service connection for this condition is granted.

The Veteran's low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy have been granted increased ratings. The low back disability is rated at 40 percent from March 11, 2008, forward; the left lower extremity radiculopathy is rated at 20 percent from March 21, 2007, through January 24, 2012; and the right lower extremity radiculopathy is rated at 20 percent from January 9, 2008, forward.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine was granted, with a disability rating of 60 percent effective June 6, 2012. The previous rating of 20 percent prior to that date remains unchanged.

The Veteran withdrew his appeals on all issues related to the service-connected conditions of healed fracture of the left thumb, compression fracture of L2 and L3 with low back strain and lumbarization of S1 vertebra, and left knee strain prior to the Board's decision.

The Board has remanded the case due to the need for additional evidence, including private medical records and Social Security Administration disability records.

The Veteran's DDD of the lumbar spine is currently rated at 40 percent from September 3, 2011. The claim for a higher rating remains pending.

The Veteran's bilateral knee degenerative joint disease is found to have worsened during a period of active duty for training (ACDUTRA) and this worsening was caused by the ACDUTRA. The Board grants service connection for this condition.