Back / lumbar spine Board decisions

The Board has determined that the Veteran's low back disability is permanently aggravated by his service-connected bilateral knee disability, and therefore grants service connection for this condition on a secondary basis.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical opinions and records.

The Veteran's claim for service connection for bilateral hearing loss disability and PVD of the lower extremities, as secondary to his service-connected lumbar spine disorder, was granted. The effective date for this grant is set at June 19, 2009.

The Board found that the Veteran's low back disorder is not proximately due to, the result of, or aggravated by his service-connected left knee disability and is not related to his active military service.

The Board has ordered additional development to obtain VA treatment records from the Veteran's active duty period and other relevant sources. The claim will be remanded for further action.

The Board found that the Veteran's chronic back disability was not incurred in or aggravated by active military service and arthritis may not be presumed to have been so incurred, for the purpose of receiving accrued benefits.

The Board found that the Veteran's current low back disability, including herniated nucleus pulposus and degenerative lumbar disease with stenosis, was incurred in service due to a motorcycle accident prior to his entry into active duty.

The Board denied the Veteran's claims of service connection for left knee, low back, and bilateral foot disorders due to a lack of evidence linking these conditions to his military service.

The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking any service-connected condition to the Veteran's death. The immediate cause of death was listed as bilateral pneumonia-mixed bacterial.

The Board has remanded the case due to insufficient reasoning in its previous decisions regarding service connection for a low back disorder and an acquired psychiatric disorder other than PTSD. The Veteran's lay statements of having experienced these conditions since service are being considered, along with VA examination reports.

The Board found no evidence to support a finding that the Veteran's current back disorder is related to his active service, including any worsening of pre-existing scoliosis. The claim for service connection was denied.

The Board found no evidence of a right leg disability or low back disability to include degenerative joint disease as incurred in service, and thus denied the Veteran's claims.

The Board has determined that the Veteran's current cervical, thoracic, and lumbosacral spine disorders are not related to his active service. The in-service motor vehicle accident did result in injuries but these were treated and resolved without chronic symptoms persisting post-service.

The Veteran's low back and lung disabilities are found to be related to his active duty service, including exposure to herbicides in Vietnam.,Service connection is granted for both the low back disability and lung disability.

The Veteran's claims for service connection for an acquired psychiatric disorder and a back disorder are being remanded due to the need for additional development, including obtaining medical records and providing the Veteran with VA examinations.

The Veteran's disabilities of the cervical spine, lumbosacral spine, stomach, and left shoulder were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Veteran seeks service connection for back and hip disorders that he claims are secondary to his service-connected bilateral feet and knee disabilities. The Board has determined additional development is needed as the current examination reports do not adequately address the Veteran's assertions regarding his gait and hip abnormalities.

The Veteran's claims for increased ratings for thoracolumbar degenerative disc disease, left patellar recurrent subluxation, and right patellar recurrent subluxation were denied as the evidence did not show ankylosis of the entire thoracolumbar spine or incapacitating episodes of at least six weeks in any 12-month period.

The Veteran's unauthorized medical expenses incurred from May 6, 2009 through May 8, 2009 at Maine Medical Center were approved due to the emergent nature of his condition and the unavailability of VA facilities that could have provided the necessary care.

The Veteran's death was not service-connected, and the claim for DIC benefits under 38 U.S.C.A. § 1318 was denied as he did not meet the eligibility requirements.