Back / lumbar spine decisions — 2015

The Board found that the Veteran's degenerative arthritis of the lumbar spine was incurred in service, and granted service connection for this condition. The Board also found that his bilateral L5 spondylolysis and grade one L5-S1 spondylolisthesis were not related to active service or a service-connected disability.

The Veteran's DDD of the lumbar spine was rated at 60 percent prior to September 26, 2003. Since then, he has been assigned a 40 percent rating for this period.

The Board has decided that the hearing before a Veterans Law Judge should be rescheduled due to the hearing officer's retirement and the appellant's request for a new hearing. The case is now remanded for further action.

The Board has determined that the Veteran's low back disorder is related to his active service, and thus service connection for this condition is granted.

The Board has denied service connection for diabetes mellitus, right carpal tunnel syndrome, left carpal tunnel syndrome, a back disorder, and radiculopathy of the left upper extremity and each lower extremity. The Veteran's current conditions are not considered to be related to her military service.

The Board has determined that the VA examinations and opinions are inadequate for the issues of PTSD, arthritis of the neck, low back, and left side, cervical radiculopathy of the left upper extremity, right knee disability, headaches, hearing loss, a disability to account for joint and body aches, and sore throat. The claims are being remanded for further development.

The Veteran has withdrawn his appeal, so there are no specific issues to be decided.

The Veteran's claim for service connection for thoracolumbar spine degenerative joint disease was granted, while her claim for fibromyalgia was denied.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA physician regarding whether the Veteran's back disability is caused or aggravated by his service-connected bilateral knee and/or left hip disabilities.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Baptist Medical Center South is denied because he was not enrolled in the VA health care system within the required 24-month period preceding his private emergency treatment.

The Board has remanded the case due to incomplete development and requests that all outstanding records be obtained, including VA treatment records. The Veteran's claim for service connection for a back disability will be reconsidered based on the newly obtained evidence.

The Board has determined that further examination and medical opinions are needed to determine the nature and etiology of the Veteran's low back disability, right foot disability, left foot disability, and psychiatric disorder (PTSD).

The Veteran's cervical spine disability has been rated at 20 percent since February 1, 1999. The claim for an increased evaluation is granted as of December 21, 2011, when the rating was temporarily raised to 100 percent due to surgery necessitating convalescence. The Veteran's cervical spine disability remains rated at 20 percent since February 1, 2012.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher evaluations under applicable diagnostic codes.

The Board found that the reduction in the rating for a lumbar spine disability from 40 percent to 20 percent, effective August 1, 2015, was proper. The Veteran's condition improved such that he could achieve forward flexion of the thoracolumbar spine to 45 degrees.

The Board denied the Veteran's claims of service connection for a back disability and left shoulder disability, finding no new and material evidence to reopen these claims. The claim for right shoulder disability was also denied as there is no current diagnosis or evidence linking it to service.

The Veteran's claims for service connection for hives, bladder infections, PID, bilateral carpal tunnel syndrome of the hands, myopia (eye disability), vaginal yeast infections, toenail fungus, and a back condition have all been denied. The Veteran has not provided new evidence that would reopen any of these claims.,The Veteran's claim for service connection for bronchitis and asthma was also denied.

The Veteran's service-connected lumbar spine disability, including left leg radiculopathy, is currently rated at 40 percent disabling. The increased rating and separate rating for the neurological manifestation are granted.

The Board has reopened the issue of whether the Veteran's character of discharge from his period of service is a bar to VA benefits, but the issues of service connection for various conditions remain pending.

The Board denied the Veteran's claims for service connection for GERD, right shoulder disability, low back disability, and knee disabilities. The Board found that there was no evidence of a chronic right shoulder or low back disability in service or within one year after service separation. The current diagnoses were not related to service.