Back / lumbar spine decisions — 2015

The Board has denied the Veteran's claims for service connection for a low back disorder, skin disorder of the hands, and residuals of a broken left hand as there is no evidence of in-service injury or disease related to these conditions.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to incomplete records and need for clarification regarding treatment continuity.

The Veteran's claim for an initial rating in excess of 10 percent for her low back disability is granted, effective as of the date of the April 2012 rating decision.

The Veteran's appeal is being remanded to determine if the knee brace prescribed for his service-connected right knee disability results in wear and tear to his clothing, which would qualify him for an annual VA clothing allowance.

The Veteran's appeal is being remanded due to the need for an updated assessment of his eligibility for vocational rehabilitation and employment benefits, given changes in his employment status and combined evaluation.

The Veteran's claim for an increased rating for his service-connected lumbosacral spine joint disease with spondylolisthesis is being remanded due to the need for a new VA examination and additional records.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital on January 2, 2013 was denied as the evidence did not meet the requirements for emergency treatment under VA regulations.

The Veteran's claim for reimbursement of private medical expenses incurred at Providence Centralia Hospital is being remanded due to the lack of relevant records. The AOJ will obtain any missing treatment records and daily notes from November 19-20, 2012.

The Board has remanded the case for additional development, including verification of service and consideration of new evidence. The Veteran's claims for nonservice-connected pension benefits are on appeal.

The Board found that the Veteran's low back disability was not incurred or aggravated in service and may not be presumed to have been incurred or aggravated in service. The claims for right knee, right shoulder, hypertension, and skin condition were also denied.

The Veteran's service-connected disabilities, including depression and neurological disorders, render him unemployable. The Board finds that a total disability rating based on individual unemployability is warranted for the entire appeal period.

The Veteran's DDD of the cervical spine and upper extremity radiculopathy were rated based on their respective conditions, with the right and left upper extremities receiving separate ratings. The Veteran received increased ratings for his upper extremity radiculopathy from September 26, 2014.

The Board found no evidence of an in-service injury or disease that caused the Veteran's current low back, left shoulder, and right knee disabilities. The VA examiner opined that these conditions are more likely due to post-service repetitive traumas.

The Veteran's lumbar spine disability, including DJD and DDD, was granted a 20 percent rating effective May 14, 2014. The left knee disability was denied.

The VA examiner found no evidence of a current lumbar spine disability related to service, and the Veteran's statements regarding continuity of symptoms since service are not credible. Therefore, the Board finds that service connection for a lumbar spine disability is not warranted.

The Veteran's claim for basic eligibility for VA nonservice-connected pension benefits is being remanded due to the need for additional development, including a medical examination of his nonservice-connected disabilities.

The Veteran's claim for increased ratings for his low back disability was denied. The VA determined that the evidence did not meet the criteria for a higher rating prior to September 13, 2012 and since then.

The Veteran's posttraumatic headaches have been rated at 50 percent, effective December 18, 2008. The right shoulder disability remains not service connected.

The Board has found that the Veteran's currently diagnosed disabilities of the right and left knees, low back, and right and left feet are attributable to his military service. The Veteran also has a bilateral eye disability (specifically, photosensitivity) and headaches with nausea which are related to his military service.

The Veteran's appeal involves claims for increased ratings and TDIU related to his service-connected lumbosacral degenerative disease with intermittent radiculopathy and intervertebral disc syndrome (IVDS) with intermittent radiculopathy. The case is being remanded due to the need for additional development, including obtaining VA treatment records, SSA disability determination information, and any other relevant evidence.