Back / lumbar spine decisions — 2015

The Board has determined that additional development is needed to address the Veteran's claims, including providing VCAA notice and obtaining medical opinions regarding service connection for various conditions.

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

The Board denied the Veteran's petitions to reopen his claims of service connection for a back disability, an acquired psychiatric disorder, myopia, and optic nerve situs inversus. The evidence received since the November 2009 decision was not new or material enough to support reopening any of these claims.

The Veteran's low back disorder is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of his current condition.

The Veteran's appeal is being remanded for additional development, including a VA examination to clarify the presence of radiculopathy and assess his employment capacity.

The Veteran's claim for reimbursement of medical expenses incurred at a non-VA facility on April 23, 2012 was denied as the treatment did not meet the criteria for emergency treatment.

The Board has granted service connection for cervical and lumbar degenerative joint disease, finding that the Veteran's current disabilities are related to in-service injuries and continuous symptoms since service.

The Veteran's lumbar spine disability has been rated as 20 percent since July 8, 2013 and the Board finds that a higher rating of 40 percent is warranted for this period.,For the initial rating period from October 1, 2008 to July 8, 2013, the Veteran's tendonitis of the right forearm and elbow has been rated as noncompensable. The Board finds that a compensable disability rating is not warranted.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his back disability and consideration of his TDIU claim.

The Board has reopened the claim of entitlement to service connection for a low back disability, but it is remanding the case for further development and an opinion regarding the etiology of the Veteran's current low back condition.

The Veteran's unauthorized emergency treatment for severe low back pain and leg symptoms on February 1, 2011 is approved as meeting the criteria for reimbursement.

The Veteran's back condition was rated at 20 percent prior to December 2009 and increased to 40 percent effective December 2009. The Veteran is seeking a higher rating for his service-connected degenerative disc and joint disease of the lumbar spine.,The Veteran's right leg numbness was initially rated at 10 percent in May 3, 2005, and increased to 40 percent effective December 2009. The Veteran is seeking a higher rating for his service-connected radiculopathy of the right lower extremity (right leg numbness).

The Veteran's claims for service connection for bilateral hip disability and back disability were denied as there was no evidence of a current condition related to his active service. The claim for service connection for psychiatric disability, specifically PTSD, is pending.

The Board found no evidence of arthritis in service or within one year after discharge, and the Veteran's current low back disability is not related to his military service. The claim for service connection was denied.

The Board has granted service connection for arthritis of multiple joints, bilateral elbow disability, and bilateral hand disability. The Veteran's claims are also supported by credible evidence showing continuity of symptoms since service.

The Veteran withdrew his appeals for the issues of service connection for tension headaches, a sleep disorder, bilateral restless leg syndrome, and skin disorder during the September 2014 Board hearing.

The Veteran's service-connected right knee chondromalacia patella is currently rated at 10 percent prior to December 15, 2009 and in excess of 10 percent from that date. The Veteran does not have a low back disability or left knee disability for which she seeks service connection.

The Veteran's back disability and right ear hearing loss are found to be related to service, with the Board finding that a VA examination is necessary for clarification.

The Veteran's service-connected low back disability is rated at 20 percent, and his right hand disability is rated at 10 percent. The Board found that the evidence did not warrant a higher rating for either condition.

The Veteran seeks service connection for a low back disability and a left leg disability, to include as secondary to the low back disability. The case is being remanded due to an inextricably intertwined issue of service connection for a low back disability.