Back / lumbar spine Board decisions

The Veteran's low back strain was rated at 10 percent prior to October 1, 2009 and increased to 40 percent effective October 1, 2009.

The Veteran's claim for a disability rating in excess of 40 percent for service-connected degenerative disc disease (DDD) of the lumbar spine was denied. The VA determined that the evidence did not meet the criteria for an increased rating under the applicable diagnostic codes.

The Board denied service connection for Osgood-Schlatter's disease of the right and left knees, as well as a back disability. The Veteran appealed this decision to the Court, which remanded the case for further adjudication.

The Veteran seeks to reopen his claim for service connection for a back disorder. The case is remanded due to the need for proper notice regarding new and material evidence.

The Veteran's appeal is being remanded for additional development, including a neurological examination to determine the level of neurologic impairment in the left upper extremity and whether a separate rating is warranted.

The Board has decided to remand the Veteran's claim for service connection for arthritis of the lumbar spine, including as secondary to his service-connected lumbosacral strain or his service-connected multiple fractures of the pelvis with traumatic arthritis of the left hip. The case is being sent back for further development and consideration.

The Veteran's service-connected discogenic lumbosacral disc disease was rated at 20 percent effective November 30, 2007. The appeal is denied as the disability does not warrant a higher rating.

The Veteran's back disability is currently rated at 20 percent, and the Board found that there was no evidence of ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Veteran's heart condition is currently rated at 10 percent, and the Board found that it does not meet the criteria for a higher rating based on his current symptoms.

The Board found that the Veteran's bilateral upper extremity carpal tunnel syndrome is not related to her military service or a service-connected disorder, and thus denied her claim for service connection. The criteria for specially adapted housing were also not met due to the absence of loss or loss of use of both upper extremities as to preclude locomotion.

The Veteran's claim for an increased evaluation for his service-connected lumbar back herniated nucleus pulposus at L5-S1 with arthritis is being remanded due to the need for additional medical records and a more contemporaneous VA examination.

The Board has granted service connection for osteoarthritis of the lumbar spine, finding that it is likely related to an in-service injury.

The Board found that the Veteran did not timely file a substantive appeal regarding his disagreement with the initial evaluations assigned for service-connected depression, bilateral hearing loss, right knee disorder, and degenerative arthritis of the low back. As such, the appeal was dismissed.

The Veteran's TDIU claim is granted as his service-connected disabilities combine to make him unable to secure or follow substantially gainful employment.

The Board has remanded the case for further development, including additional examinations and a medical opinion regarding the Veteran's lumbar spine disability. The appeal now includes a claim for TDIU.

The Veteran's claim for payment or reimbursement of unauthorized, non-VA medical expenses incurred on June 7, 2008 was denied because the emergency treatment provided did not meet the criteria set out in 38 U.S.C.A. § 1725.,The Veteran's claim for payment or reimbursement of unauthorized, non-VA medical expenses incurred on January 11, 2009 was also denied because the emergency treatment provided did not meet the criteria set out in 38 U.S.C.A. § 1725.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including consideration of evidence from 2000 onwards and evaluation under amended regulations pertaining to spinal disabilities.

The Board denied service connection for a low back disability as secondary to service-connected compression fractures of T4, T5, and T6. The issue of entitlement to an effective date earlier than May 7, 2002, for Total Disability Rating Based on Individual Unemployability (TDIU) was also addressed but is remanded.

The Veteran's claim for restoration of a 40 percent rating for lumbosacral strain from July 1, 2007 is being remanded due to the need for additional development and adjudication.

The Board denied the appellant's petition to reopen his claim of service connection for a low back disability, finding that new and material evidence had not been submitted.