Back / lumbar spine decisions — 2018

The Board denied payment or reimbursement for unauthorized medical expenses incurred at Osceola Regional Medical Center (ORMC) on June 5, 2014, due to the Veteran's condition not meeting the criteria for an emergency situation and because VA facilities were feasibly available.

The Veteran's claims for service connection for right knee disability, fibromyalgia, COPD, and sleep apnea have been dismissed. The claim for increased ratings for psychiatric disability and atrial fibrillation has also been dismissed.,The claim for service connection for a back disability is reopened but remanded due to insufficient evidence in the previous VA examination.

The Board has remanded the claims for low back pain, left lower extremity pain, bilateral knee conditions, and asthma due to insufficient evidence regarding their etiology.

The Veteran's appeal for an increased rating for his service-connected lumbosacral strain with degenerative arthritis of the spine is remanded due to evidence indicating worsening of the condition.

The Veteran's appeal for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine with unfavorable ankylosis was dismissed due to the death of the appellant.

The Board has denied an increased rating for the Veteran's lumbar strain prior to August 10, 2016 and after that date. The issue of entitlement to a TDIU is remanded due to the Veteran's statements indicating difficulty with work functions.

The Board has remanded the cases for further development to obtain private medical records, including updated valid releases. If benefits are still not granted after this, the Veteran will receive a supplemental statement of the case.

The Board denied service connection for various conditions, including a back disorder, bilateral knee disorder, respiratory disorder, heart disorder, and bilateral lower extremity nerve disorder. The decision also remanded the issue of service connection for hypertension.

The Veteran's claims for service connection have been reopened, and he is now entitled to a new VA examination to determine the etiology of his claimed conditions.

The Board has denied the appellant's claims for service connection for an acquired psychiatric disorder, a back disability, and a bilateral eye disability due to insufficient evidence linking these conditions to service. The appeals are remanded for further development.

The Veteran's claim for a low back condition was denied due to lack of evidence of chronic disability.,Service connection for left knee disability is not granted as there is no current diagnosis.,Hypertension is not service connected as it did not begin during service and has no link to in-service events or diseases.,The Veteran's hepatitis C is found to be service-connected, likely due to high-risk sexual activity while in service.,An earlier effective date of July 9, 2012, for the award of service connection for left eye conjunctivitis/ptosis is granted.

The Veteran's increased ratings for degenerative changes, thoracic spine and residuals of lumbar strain are denied as the current evaluations reflect the maximum disability ratings based on limited motion.

The Veteran's major depressive disorder and nummular eczema associated with dyshidrosis are granted as secondary to his service-connected skin disability. The Veteran is also granted a 60 percent rating for his nummular eczema, the maximum schedular rating under DC 7806. Service connection for high cholesterol and high triglyceride are denied. Service connection for back disability, hypertension, and diabetes mellitus to include as secondary to skin disability induced obesity is remanded.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for right hip disability, increased rating for chronic lumbar sprain disability, and increased rating for residuals of a fractured left foot disability.

The Veteran's lumbar spine disability and associated right lower extremity radiculopathy are rated at 10 percent since May 1, 2011. The Board found no evidence warranting a higher rating during this period.

The Board has remanded the case due to need for further development and evidence regarding the Veteran's claim of entitlement to special monthly compensation (SMC). The SMC is related to the loss of use of both lower extremities.

The Board has remanded the issue of entitlement to a rating in excess of 20 percent prior to July 29, 2015, for a low back disability due to inadequate medical opinion regarding functional impact during flare-ups or after repetitive use over time.

The Board has remanded the reopened claim of service connection for a lumbar spine disability, as well as the claims for bilateral hearing loss and IHD. The Veteran's current conditions are being reviewed to determine if they were incurred or aggravated by his military service.

The Veteran's claim for service connection for sleep apnea has been reopened, but further development is needed to determine the etiology of his disorder. His current lumbosacral strain and degenerative arthritis of the spine with intervertebral disc syndrome disability requires a VA examination to assess its severity.