Back / lumbar spine decisions — 2014

The Board found that the Veteran's current low back disability was not incurred or aggravated by military service and denied his claim for service connection.

The Board found no evidence to support the Veteran's claims for service connection for kyphosis, degenerative disc disease, and other conditions of the spine, COPD, pancreatitis, right hip arthritis, obstructive sleep apnea, or joint pain. The appeals are denied.

The Veteran's service-connected low back disability is manifested by thoracolumbar spine forward flexion less than 30 degrees as a result of pain and functional loss, but without evidence of ankylosis or incapacitating intervertebral disc syndrome episodes. The Board granted an increased rating to 40 percent for the low back disability effective April 10, 2008.

The Board denied service connection for residuals of a right ankle injury in October 2009 and the Veteran did not appeal. The claim is now being reopened, but new evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board has remanded the case for further development, including obtaining service treatment records and VA medical records. The Veteran's claims for service connection are also being reviewed.

The Veteran's unauthorized medical expenses incurred from July 17, 2012 to July 20, 2012 were not reimbursable as there was no emergency requiring immediate treatment and VA facilities were feasibly available.

The Board found that the Veteran's low back and neck disabilities were not incurred in or aggravated by service, nor are they proximately due to a service-connected disability. The VA examinations did not establish a direct link between the current disabilities and service.

The Board has jurisdiction over the timely and adequately appealed issues regarding service connection for various conditions, including PTSD. The Veteran's appeal as to a respiratory disability is dismissed due to lack of justiciable case or controversy.

The Veteran is found to be unemployable due to service-connected disabilities, with the combined rating of his conditions reaching at least 70%.

The Board finds that the Veteran's current low back condition is more likely due to a workplace injury after service, rather than any event or injury during his active duty.

The Board has determined that the Veteran does not have a hearing loss disability for VA compensation purposes and his low back disability is less likely than not incurred in service. The appeal is denied.

The Board has remanded the case for additional development due to incomplete opinions and other procedural issues. The Veteran's claims of service connection for a back disability and left L5 radiculopathy are pending.

The Board found that a chronic upper back disability of the thoracic and cervical spine did not have its onset during any period of active service, nor was it shown to be related to service-connected lumbar DDD with chronic lower back pain. The claim for service connection was denied.

The Board denied the Veteran's claims for service connection for low back and left hip disabilities as secondary to his service-connected left knee and left ankle disabilities, finding no new and material evidence presented.

The Board has dismissed the appeal due to the Veteran's death, as it does not have jurisdiction to adjudicate the merits of this claim.

The Veteran withdrew his appeal for the issues of service connection for a back disability, left ankle disability, bilateral arm disabilities, and stomach disorder.

The Board has determined that the Veteran's current degenerative disc disease is etiologically related to a lumbar strain in service, and thus grants service connection for a low back disability.

The Board found no evidence to support the Veteran's claim that his low back disability was incurred in service, and denied the claim.

The Board has determined that the Veteran's left knee and low back disabilities are not caused or aggravated by his service-connected right knee disability, and thus denied both claims.

The Veteran's claim of service connection for a low back disability is being remanded due to the need for additional examination and review of evidence.