Back / lumbar spine decisions — 2014

The Board has remanded the case due to incomplete medical opinions and the need to obtain updated treatment records. The Veteran's back disability, including scoliosis, will be evaluated for service connection.

The Veteran's low back disability was rated at 40 percent from July 16, 1999 through September 22, 2002. From March 8, 2010, the rating for his orthopedic manifestations of the low back disability has been denied.

The Board found no evidence to support the Veteran's claims of service connection for chronic respiratory disorder, back disability (to include scoliosis), and bilateral hip disability. The claim was denied as there is no clear and unmistakable evidence that these conditions pre-existed service or were aggravated by service.

The Veteran's service-connected lumbosacral strain does not preclude him from obtaining and retaining substantially gainful employment.

The Veteran's claim for nonservice-connected VA pension benefits was denied because his annual income exceeded the maximum allowed rate, preventing him from receiving the benefit.

The Board found that new and material evidence had not been submitted to reopen the claims for service connection for low back disability and bilateral knee disabilities. The Veteran's contentions were previously considered, and the new evidence did not provide a reasonable possibility of substantiating these claims.

The Veteran's current back disability was not incurred or aggravated during active service, and the Board finds no evidence to support a finding of service connection.

The Board has decided to remand the case due to the need for additional development, including obtaining missing service treatment records from the Veteran's second period of service.

The Veteran's service-connected disabilities, including lumbar strain and lower extremity sciatica, prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining VA examinations and obtaining any outstanding treatment records.

The Board has granted service connection for a lumbar spine disorder, finding that it is due to or the result of the Veteran's service-connected bilateral knee disabilities. The issues of service connection for bilateral hip and leg disorders, increased evaluation claims for bilateral knee disabilities, and entitlement to TDIU are pending.

The Board has reopened the claim of service connection for a low back disorder due to new and material evidence submitted by the Veteran. The issue is now on its merits.

The Veteran's claim for service connection for a left knee condition is granted. The Board finds that the Veteran has a current diagnosis of a left knee condition and credible evidence linking it to his active duty for training (ACDUTRA) period in Korea, resolving doubt in favor of the Veteran.

The Veteran's asthma was aggravated during service, and her left knee disability is due to military service. The Board granted service connection for these conditions.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded to obtain additional medical records and for further evaluations of his service-connected lumbar spine intervertebral disc syndrome, right lower extremity neurological deficits, left lower extremity neurological deficits, and right foot hallux valgus with pes planus.

The Board has granted the Veteran's request to reopen his claim of entitlement to service connection for a back condition, including lumbar scoliosis. The Veteran submitted new evidence that relates to an unestablished fact necessary to substantiate his claim, and VA will now consider whether there is clear and unmistakable evidence showing that any increase in disability was due to the natural progression of the disease.

The Veteran's unauthorized medical expenses incurred from June 19, 2011 to June 21, 2011 at Tallahassee Memorial Hospital were reimbursed as the emergency treatment was deemed necessary due to his severe symptoms and VA facilities were not feasibly available.

The Board has determined that the Veteran's right radial tunnel syndrome and low back disability were not incurred in or aggravated by service, as there is no evidence of such conditions until many years after discharge. The Veteran's left knee disability was found to be manifested by limitation of flexion but without other significant symptoms.

The Board denied the Veteran's claims for service connection for BPH, an initial compensable rating for hematuria, and ratings in excess of 10 percent for thoracolumbar strain with disc herniation and right knee arthritis. The Veteran's radiculopathy of the right lower extremity was rated separately.