Back / lumbar spine decisions — 2013

The Veteran's claims for service connection for low back and left knee disabilities are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's unauthorized medical expenses incurred at BMC on December 14, 2009 are eligible for reimbursement as the treatment was necessary due to a non-service-connected condition and other conditions did not preclude such treatment.

The Board has granted service connection for the Veteran's DDD of the cervical spine, finding that it is likely due to a significant injury sustained during active service. The claim for DDD of the lumbosacral spine remains pending as there was no Statement of the Case issued.

The Board has granted the Veteran's petition to reopen his service connection claim for a low back disability, finding that new and material evidence had been received. The case is now remanded for further development.

The Board has decided to remand the case due to the need for a VA examination and additional medical records, particularly from Social Security Administration.

The Veteran's appeal is being remanded due to the failure to provide proper notice for a scheduled video conference hearing. The case will be returned to the RO for scheduling and notification of the hearing.

The Board has remanded the case to the RO for further development on the underlying issues of service connection for various foot, back, leg, and knee disorders.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a new VA examination to determine the etiology of the Veteran's back disability.

The Board found that there is no evidence to support the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine, as his current disability does not appear to be related to an in-service injury or event. The examiner concluded that the current condition is more likely due to natural aging process rather than a 1973 motor vehicle accident.

The Veteran's claim for a higher initial rating for his lumbar degenerative disc disease with scoliosis is being remanded due to conflicting medical evidence regarding the presence of radiculopathy in both lower extremities. The issue of whether his service-connected disabilities combine to render him unemployable is also being addressed.

The Board has determined that the Veteran does not have a current heart disorder or back disorder that is related to service, and thus denied both claims.

The Board has remanded the case for additional development due to inadequate medical opinions regarding service connection for hypertension and a back disability.

The Board denied an initial rating higher than 20 percent for residuals of lumbar surgery to include intervertebral disc syndrome and granted a separate 10 percent rating for right lower extremity radiculopathy.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the relationship between the Veteran's back condition and his service or service-connected disabilities.

The Board finds that the Veteran's current back disability is not related to his military service and denies his claim for service connection.

The Board has remanded the case for additional development, including scheduling a RO hearing and obtaining a VA examination to address the issues of increased ratings for lumbar spine degenerative disc disease and radiculopathy of the right lower extremity, as well as entitlement to a TDIU.

The Board has determined that the Veteran's degenerative changes of the lumbar spine with scoliosis were incurred during service and granted service connection for this condition. The heart disability claim was denied as there is no evidence to support its onset or causation in service.

The Board has remanded the case due to the need for additional private treatment records related to the Veteran's service-connected low back disability. The TDIU claim will be reconsidered based on all available evidence.

The Veteran's appeal is being remanded to the RO for additional development of his claim, including obtaining a supplemental medical opinion regarding the nature and etiology of his back disability.

The Veteran's service-connected disabilities, including DDD of the lumbar spine and PTSD, rendered him unable to secure or maintain substantially gainful employment as of September 11, 2013. His TDIU claim is granted effective from that date.