Back / lumbar spine decisions — 2013

The Veteran's request to reopen a claim for service connection of lumbar intervertebral disc disease has been remanded due to the need for a hearing before a Veterans Law Judge.

The Veteran incurred private medical expenses at the Regional Medical Center-Bayonet Point on December 17, 2009 for a nonservice-connected condition. The Board finds that payment is warranted as the emergency treatment was necessary due to the severity of symptoms and the unavailability of VA facilities.

The Veteran's service-connected disabilities, including PTSD, left knee condition, and lumbosacral spine disease, are rated at 100% combined. However, the evidence does not show that these conditions alone render him unemployable.

The Veteran is seeking service connection for a low back disability, which he claims was incurred during active duty. The claim has been remanded due to the need to obtain VA medical records and Social Security Administration (SSA) decision and supporting medical records.

The Veteran's non-obstructive coronary artery disease is presumed to have been incurred in active service. The Board finds that the preponderance of the evidence supports a grant of service connection for non-obstructive coronary artery disease on a presumptive basis as a result of herbicide exposure.

The Board found no evidence to support service connection for hearing loss or degenerative joint disease of the lumbar spine, as there was no showing of aggravation during service and the Veteran's conditions preexisted his military service.

The Veteran's claim for service connection for residuals of low back injury is being remanded due to the need for additional medical records and examination.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining updated treatment records. The Veteran's claim for service connection for his back disorder will be reconsidered based on the additional evidence.

The Board denied service connection for a bilateral foot disability, but the Court vacated this decision and remanded it to the RO.

The Board found that the Veteran does not have a disability involving residuals of an eye injury or a back disorder that is attributable to his military service.

The Veteran's service-connected low back pain with degenerative arthritis of the thoracic spine, left ankle disability, and degenerative joint disease of both knees do not meet criteria for increased ratings under applicable rating criteria.

The Veteran seeks service connection for a back disorder, which he contends began following a car accident in service. The case is being remanded to obtain additional medical records and clarify the representation status.

The Veteran's service-connected residuals of renal trauma have been granted an 80% rating from August 3, 2006 to November 9, 2011. The claim for a back disability remains on appeal.

The Board has determined that the Veteran's left shoulder disability is etiologically related to his active service, and thus granted service connection for this condition.

The Board found that there is no evidence of a chronic lumbar spine disability during service or within the presumptive period following service. The current lumbar spine disability was not shown to be related to service or a service-connected condition.

The Board has remanded the case to the RO for additional development, including obtaining records from the NPRC and any other appropriate sources. The Veteran will be provided a VA examination to determine if his low back disability is related to service.

The Veteran is seeking a higher initial evaluation for his service-connected low back disability, which was originally granted in June 2005. The case has been remanded due to the need to obtain additional treatment records.

The Board has determined that the Veteran does not have a low back disability or bilateral carpal tunnel syndrome, and thus service connection for these conditions is denied.

The Board has granted service connection for lumbar disc degeneration and herniation, status-post anterior fusion L5-S1 effective January 17, 2007. The Veteran's claim for radiculopathy of the bilateral lower extremities is also granted.

The Veteran's service-connected lumbosacral spondylosis with herniated nucleus pulposis was found to have been productive of disability picture that more nearly resembled that of flexion of the thoracolumbar spine restricted to 30 degrees or less prior to February 12, 2011. As such, a rating of 40 percent is granted for this period.