Back / lumbar spine decisions — 2014

The Board has determined that additional development is needed for the Veteran's claims of service connection for a back condition and a left foot condition, both claimed as secondary to the service-connected residuals of injury right leg and knee. The case is REMANDED for further action.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations and obtaining additional medical records. The issues include increased ratings for service-connected lumbar spine, left shoulder, and right hip disabilities, as well as entitlement to a TDIU.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a VA spine examination to determine if his lumbar spine disorder was incurred in service. Additionally, he will be scheduled for a VA urology examination to determine if his prostate cancer was initially incurred in service or related to chemical exposure during service.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and need for additional development, including obtaining medical records from a specific date range and seeking supplemental clinical opinions.

The Veteran's appeal is being remanded for additional development to obtain outstanding service treatment records and other pertinent records. The case will be readjudicated after the development is completed.

The Veteran's recurrent strain of the thoracolumbar spine is service-connected, and his neurological damage of the lower extremities and bilateral foot disorder are also service-connected.

The Veteran's claim for payment or reimbursement of unauthorized non-VA medical expenses incurred at University of Washington Medical Center on August 23, 2008 is denied as the treatment was not rendered in an emergency situation and no other conditions for reimbursement under VA regulations were met.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and his service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Board has determined that a remand is necessary to obtain additional medical opinions and records in order to properly adjudicate the Veteran's claim for service connection for chronic low back pain with herniated disc, including as secondary to his service-connected bilateral knee disabilities.

The Board has determined that new and material evidence has not been received to reopen the claims of service connection for an acquired psychiatric disability, to include PTSD, arthritis of the hips, arthritis of the knees, a sinus disability, a low back disability, and headaches. The claims are therefore denied.

The Veteran's cervical spine disability, left hand carpal tunnel syndrome, and left knee degenerative joint disease have been granted effective from November 13, 2009.

The Board has determined that the Veteran's degenerative disc disease of the low back is caused by his service-connected bilateral knee disabilities, and therefore grants service connection for this condition.

The Veteran requested the withdrawal of his appeal, specifically to include all issues identified on the title page of this decision and his request for a Board hearing.

The Board has remanded the case to the Roanoke, Virginia RO for scheduling a videoconference hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his low back disability and determine if there are any episodes of physician prescribed bed rest or neurological manifestations. The case will be returned to the Board after this additional development.

The Veteran's initial 20 percent rating for cervical spine disorder (cervical strain with degenerative disc disease) is denied as his disability does not meet the criteria for a higher evaluation under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disability and granted it, finding that new evidence submitted since the final denial in February 1971 raises a reasonable possibility of substantiating the claim. The Board also found that the current degenerative disc disease of the lumbosacral spine is at least in equipoise with being related to active duty service.

The Board has decided that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including their relationship to his service-connected left ankle disorder.

The Board has determined that the Veteran's low back disorder is not related to service and denied his claim for service connection. The Board also found that he had a current diagnosis of major depressive disorder, which was incurred in service.

The Board is remanding the appellant's claim for entitlement to service connection for a low back disability due to incomplete service treatment and personnel records, including Army Reserve records. The appellant must provide any additional medical records related to his claim.