Back / lumbar spine Board decisions

The Veteran's appeals for payment or reimbursement of unauthorized medical expenses incurred on January 11, 2011, February 28, 2011, and in 2012 and 2014 are granted. The appeal is based on the direct service connection of his back disability.

The Veteran's appeal is being remanded for further development of his bilateral foot disability claim and consideration of the back disability claim as secondary to a pre-existing bilateral foot disability.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination. The Veteran's claims for service connection for low back disability and left ear hearing loss are pending.

The Board finds that the Veteran's low back, neck, and shoulder disabilities are not related to service. The preponderance of evidence is against finding a link between these conditions and military service.

The Board denied service connection for bilateral eye disability and denied entitlement to an increased evaluation for low back disability. The Veteran's current eye disability is not related to his military service, while the low back disability was found to be at least as likely as not incurred in service.

The Board has remanded the case for further development and readjudication of the issues of entitlement to service connection for a left foot disability, to include degenerative arthritis; and a low back disability, to include degenerative arthritis.

The Veteran's lumbosacral strain with degenerative joint disease was evaluated at 20 percent prior to February 10, 2012. The Board found that the disability did not meet or approximate criteria for a higher evaluation.

The Veteran's appeal is being remanded due to the need for a statement of the case in response to his disagreement with the initial rating assigned for bilateral hearing loss, and a videoconference hearing before a Veterans Law Judge will be scheduled.

The Board found that the Veteran's current lumbar spine disability did not manifest during or as a result of active military service and is less likely due to his service-connected vestibular disorder. Therefore, service connection for this condition was denied.

The Veteran's low back disability and right lower extremity radiculopathy were granted, but the ratings for both conditions have been determined to be appropriate.

The Board has determined that the Veteran does not have current diagnoses of a low back disability or bilateral knee disability, and thus service connection for these conditions is denied.

The Veteran's claim for a rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied as his disability does not meet or approximate criteria for a higher rating.

The Board has determined that the Veteran's spouse does not meet the criteria for an aid and attendance allowance as her disabilities do not render her unable to care for her daily needs without requiring the regular aid and attendance of another person.

The Veteran's service-connected degenerative arthritis of the lumbar spine does not meet or approximate the criteria for a disability rating higher than 40 percent.

The Board has remanded the case for clarification of VA medical opinions and a new VA examination to address the nature and etiology of the Veteran's claimed GERD. The issues are whether service connection should be granted based on secondary service connection or reopening due to new evidence.

The Veteran's lumbar spine disability was rated at 10 percent prior to September 16, 2014 and increased to 20 percent since that date.,For the right foot, a separate 10 percent rating is assigned for hallux rigidus with degenerative arthritis. For the left foot, a 10 percent rating is assigned for degenerative arthritis of the first metatarsophalangeal joint.

The Veteran's osteophytosis of the lumbar spine has been rated at 40 percent, which is the maximum schedular rating available for this condition. The Board finds that his disability does not meet or approximate the criteria for a higher initial rating.

The Board has granted service connection for bilateral hip, knee, and low back disabilities as secondary to the Veteran's service-connected foot disability.

The Board has remanded the case for additional development, including obtaining medical records and scheduling an examination to determine the nature and etiology of any cervical disability and the current severity of service-connected myositis and costochondritis. The Veteran's claims for increased ratings will also be considered.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting SMC based on the need for aid and attendance.