Back / lumbar spine decisions — 2014

The Board has remanded the case for further action, including scheduling a hearing with a Veterans Law Judge.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected lumbar spine degenerative disc and joint disease is being remanded due to the need for updated medical records, a new examination, and consideration of additional evidence.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing the Veteran with a new VA examination to determine the nature and etiology of his bilateral hearing loss disability, bilateral leg disability, and back disability. The claims will be reconsidered following this development.

The Board has denied the Veteran's claims of entitlement to service connection for a back disability, cervical spine (neck) disability, bilateral shoulder disabilities, and left ankle disability. The evidence does not support a finding that these conditions are related to military service.

The Board found that the reduction in the rating for low back strain from 40 percent to 20 percent was proper based on improvement shown by VA examinations.

The Board has determined that the Veteran's pre-existing left knee disability was aggravated by her active military service, and thus service connection is granted. For her thoracolumbar strain, the Board found no increase in severity during service beyond its natural progression.

The Board has determined that service connection is not warranted for any of the conditions listed, as there was no in-service injury or event related to these conditions and the Veteran does not have confirmed exposure to Agent Orange or other tactical herbicide agents within the meaning of 38 C.F.R. § 3.307.

The Board denied the Veteran's request to reopen his claim for service connection for a low back disorder, finding that new and material evidence had not been received.

The Board has remanded the case due to a scheduling error, and the Veteran's personal hearing is scheduled for January 28, 2015.

The Veteran's low back disability is manifested by limitation of motion, with pain but without ankylosis. The Board found that the criteria for a higher evaluation were not met.

The Veteran's back disability, sciatica of the left and right lower extremities, and migraines are all rated at their maximum levels. The reduction in rating for the back disability was improper due to inadequate examination.

The Veteran's claim for residuals of a varicocelectomy was granted as the scar is considered service-connected. The low back disability claim was denied due to lack of evidence linking it to active duty.

The Board has remanded the Veteran's claims for service connection for a right hip condition, left hip condition, and back condition to provide an adequate VA examination. The examiner must determine if these conditions are related to or had their onset during service, and whether they were caused or aggravated by his service-connected bilateral knee disabilities.

The Board has determined that the Veteran's current degenerative disc and joint disease of the low back originated during his active service, granting service connection for this disability.

The Veteran's claims for increased evaluations of her lumbar strain, cervical spine strain, and migraine headaches were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's cervical degenerative disc protrusions at the C4-C5 and C6-C7 levels were rated as 10 percent prior to December 6, 2012, and 20 percent thereafter. The Veteran's migraine headaches were initially rated as noncompensable before November 1, 2013, and then increased to 10 percent.,The Veteran's cervical degenerative disc protrusions at the C4-C5 and C6-C7 levels did not meet the criteria for a higher rating prior to December 6, 2012. From December 6, 2012 onwards, they were rated as 20 percent.

The Veteran's unauthorized medical expenses incurred on September 18, 2013 at The Villages Regional Hospital were not reimbursable because the treatment was not for a condition of such nature that delay would have been hazardous to life or health.

The Board denied the Veteran's claims for a rating in excess of 20 percent for degenerative joint disease of the lumbar spine and for a compensable rating for tinea pedis and onychomycosis, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating schedule. The Board also noted that there was no service connection established for radiculopathy of the right lower extremity.

The Veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 40 percent, which meets the criteria for a single rating under the General Rating Formula for Diseases and Injuries of the Spine. The lumbar spine and thoracic spine are separately rated.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance (A&A) or being housebound was denied because he failed to report for a scheduled VA examination.