Back / lumbar spine Board decisions

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling a VA examination to assess his employability due to service-connected disabilities. The claim of secondary service connection for anxiety reaction will also be considered.

The Board has determined that the Veteran's unauthorized medical expenses incurred on April 17, 2009 and May 7, 2009 do not meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1728 due to lack of emergency treatment.

The Veteran's low back disability, diagnosed as lumbar strain, is found to have manifested in service and persisted since. Service connection for this condition is granted.

The Veteran's low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy have been granted increased ratings. The low back disability is rated at 40 percent from March 11, 2008, forward; the left lower extremity radiculopathy is rated at 20 percent from March 21, 2007, through January 24, 2012; and the right lower extremity radiculopathy is rated at 20 percent from January 9, 2008, forward.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine was granted, with a disability rating of 60 percent effective June 6, 2012. The previous rating of 20 percent prior to that date remains unchanged.

The Veteran withdrew his appeals on all issues related to the service-connected conditions of healed fracture of the left thumb, compression fracture of L2 and L3 with low back strain and lumbarization of S1 vertebra, and left knee strain prior to the Board's decision.

The Board has remanded the case due to the need for additional evidence, including private medical records and Social Security Administration disability records.

The Veteran's DDD of the lumbar spine is currently rated at 40 percent from September 3, 2011. The claim for a higher rating remains pending.

The Veteran's bilateral knee degenerative joint disease is found to have worsened during a period of active duty for training (ACDUTRA) and this worsening was caused by the ACDUTRA. The Board grants service connection for this condition.

The Board denied the Veteran's claims for service connection for lower back disorder, left knee disorder, right knee disorder, and right hand disorder (carpal tunnel syndrome), finding that her current conditions were not incurred or aggravated by active service.

The Veteran's claims for increased ratings for his service-connected lumbar spine and bilateral hip disabilities are being remanded to the RO for additional development, including obtaining VA treatment records and arranging for examinations.

The Board has determined that service connection is granted for degenerative disc disease and post-laminectomy syndrome of the lumbar spine, as well as radiculopathy of the right lower extremity, both found to be directly related to active duty service.

The Veteran's claim for an increased rating for his mid back disorder, a musculoskeletal strain, is being remanded due to the need for additional examination and clarification of functional loss during flare-ups.

The Board has been notified of the appellant's withdrawal of his appeal and therefore, the appeal is dismissed.

The Veteran's hypertension and lumbar spine spondylosis at L3-4, L4-5, and L5-S1 were granted initial compensable ratings from August 1, 2006, to March 30, 2009.

The Veteran's low back disability is found to be as likely as not related to his military service, and the claim for service connection is granted.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the etiology of any diagnosed back and knee disorders.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for his knee disabilities, but granted separate 10 percent ratings for instability of each knee.

The Veteran's lumbar spine disability was rated at 20 percent prior to March 27, 2001 and granted a 40 percent rating from March 27, 2001 through September 9, 2004. The Veteran is now rated at 20 percent for the period beginning September 10, 2004.

The Board has ordered additional development to gather missing VA treatment records and seek clarification on the examiner's opinion regarding the Veteran's back disorder. The claims will be reconsidered after this information is obtained.