Back / lumbar spine Board decisions

The veteran's claim for reimbursement of unauthorized medical services provided during his hospitalization at Sewickley Valley Hospital was denied because the treatment did not meet the criteria under 38 U.S.C.A. § 1728 and VA regulations, specifically due to lack of prior authorization and failure to meet the requirements for emergency care.

The Board denied the veteran's claims of service connection for back and shoulder disorders, as well as his attempts to reopen claims for residuals of a head injury, migraine headaches, and an acquired psychiatric disorder. The evidence submitted since the last denial was not considered new and material.

The Board denied the veteran's claim for service connection for subluxation of L4 vertebrae on L5 vertebrae with disc involvement (claimed as degenerative disc disease) in an October 24, 1997 decision. The denial was based on a lack of evidence linking the condition to service.

The Board denied an increased evaluation for the appellant's service-connected degenerative disc disease of the lumbar spine, finding that the current rating adequately reflects his disability.

The Board has determined that the veteran's claim of service connection for an acquired psychiatric disorder, to include PTSD, is well-grounded and has been granted. Service connection for mechanical low back syndrome is also granted.

The veteran's service-connected low back disability is currently rated at 40 percent, the maximum rating available under the applicable diagnostic codes. The evidence does not support a higher rating as his condition does not meet the criteria for more severe intervertebral disc syndrome or other conditions warranting an increased rating.

The Board found that the veteran's service-connected low back strain did not meet or approximate the criteria for a disability evaluation in excess of 20 percent, and thus denied his claim.

The Board denied the veteran's claims for service connection for cervical disc syndrome and an increased evaluation for gall bladder removal, finding no well-grounded evidence. The effective date of a total rating based on individual unemployability due to service-connected disability was set at September 9, 1995.

The Board has determined that the veteran's claims for service connection for hypertension and a low back disorder are denied as there is no competent evidence showing these conditions were incurred or aggravated by service.

The veteran's claim for an increased evaluation of her service-connected residuals of lumbosacral strain with idiopathic low back pain is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied increased evaluations for the veteran's residuals of a fracture of the left tibia and fibula, as well as mechanical low back strain. The conditions are currently rated at 10 percent each.

The Board found that there is no competent medical evidence linking the veteran's current low back disability to service, including an epidural administered during service and a single episode of low back strain. The claim was denied.

The Board has reopened the veteran's claim of service connection for chronic low back disability due to new and material evidence submitted since the February 1995 RO decision. The claim is well grounded, and a VA examination will be conducted to determine the etiology of the veteran's low back disability.

The Board found no competent medical evidence linking the veteran's Raynaud's disease, esophagitis, or back disorder to his active duty service or his service-connected dermatitis. As such, the claims for these conditions were denied.

The Board denied the veteran's claim for a temporary total disability rating based on need for convalescence following lumbar disc surgery in October 1995, as the surgery was not for treatment of a service-connected condition.

The Board finds that there is not a reasonable possibility of valid claims concerning the veteran's claimed disabilities, including hypothyroidism, hemorrhoids, bilateral eye disability, bilateral shoulder and knee disabilities, asthma, low back disability, hypoglycemia, bilateral hand and ankle disabilities, gastrointestinal disability, acquired cognitive disorder, lupus erythematosus, rheumatoid arthritis, and residuals of Epstein-Barr virus infection. These conditions are not shown to be related to service.

The Board has granted an increased rating to 40 percent for the veteran's service-connected chronic lumbosacral strain, finding that it is analogous to severe limitation of motion.

The Board has determined that the veteran's claims for service connection for an acquired psychiatric disorder, a back disorder, and a respiratory disorder (emphysema) are not well-grounded as there is no competent medical evidence linking these conditions to his period of active duty.

The veteran's degenerative spondylosis of the lumbar spine and degenerative disc disease of L4-5 and L5-S1 is currently rated at 20 percent, but meets criteria for a 40 percent evaluation due to marked limitation of motion.