Back / lumbar spine Board decisions

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service, and denied his claim for service connection.

The Veteran's service-connected intervertebral disc syndrome of the lumbar spine with degenerative changes is rated at 20 percent prior to January 3, 2008 and at 40 percent as of that date. Separate 10 percent evaluations are assigned for right and left lower extremity radiculopathy associated with the service-connected intervertebral disc syndrome. The Veteran's service-connected chondromalacia patella of the right knee and left knee is rated at 10 percent.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for tinnitus, bilateral hearing loss, and a lumbar spine disorder. The RO's final decisions in February 1989 and October 1991 are considered final based on the evidence then of record.

The Veteran's claim for an evaluation in excess of 10 percent for a low back disability prior to May 6, 2003 was denied. The claim for an evaluation in excess of 20 percent after May 6, 2003 was granted.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for dysphagia and gastroesophageal reflux disease (GERD), to include as secondary to service-connected PTSD.

The Board denied the Veteran's claims of service connection for a bilateral shoulder disability, low back disability, neck disability, weakness in legs, and laceration on the back. The evidence did not establish a nexus between these disabilities and active military service.

The Veteran's service-connected surgical scar, right hip, is rated at a maximum of 10 percent due to tenderness on palpation. The claim for higher initial evaluations remains pending.

The Board has granted service connection for chloracne due to presumed exposure to herbicides during active duty in Vietnam. The Veteran's low back disability is also found to be related to his combat injuries sustained during service, and the Board has determined that this relationship is as likely as not caused by his military service.

The Veteran's claims for an earlier effective date for bilateral hearing loss, a compensable rating for residuals of right cheekbone fracture, and service connection for various conditions have been denied. The Board found that the evidence did not meet the criteria for an earlier effective date prior to June 13, 2003, as no claim was filed before this date. The Veteran's other claims were also denied.

The Board has reopened the Veteran's previously denied claim of service connection for a low back disability. The RO must be afforded the opportunity to adjudicate this reopened claim de novo prior to appellate consideration.

The Board has granted service connection for chronic cervical spine degenerative disc disease and degenerative joint disease, chronic right elbow degenerative joint disease, and chronic left elbow tendonitis, strain, and degenerative joint disease. The Veteran's claims were reopened due to the submission of new and material evidence.

The Board has remanded the case due to inadequate VA examination and needs further development before service connection for low back disability can be decided.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his diagnosed arthritis disabilities.

The Veteran's unauthorized medical expenses incurred on August 31, 2006 at St. Vincent Medical Center in Toledo were not reimbursable due to lack of prior authorization and the fact that VA facilities were feasibly available.

The Veteran's appeal is being remanded to obtain a new VA examination and additional medical records, as the current evidence does not reflect his current state of disability.

The Veteran's claims for increased ratings for lumbosacral strain, chondromalacia of the left knee, and inguinal hernia were denied as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his claim for TDIU is granted.

The Board has remanded the case to the RO for scheduling a travel board hearing at the local RO in St. Petersburg, Florida.

The Board has remanded the Veteran's claims due to inadequate medical opinions and need for additional development.

The Board dismissed the appeal due to the death of the appellant.