Back / lumbar spine decisions — 2010

The Board has reopened the Veteran's claims for service connection for patellofemoral pain syndrome, right knee and a right ankle condition, including as secondary to his service-connected bilateral pes planus with plantar fasciitis. The Veteran's current neck, back, bilateral ankle, and bilateral knee conditions may be related to his service-connected foot problems.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, and the evidence does not support a higher rating.

The Veteran's claim for service connection for a disability of the right fourth digit (ring finger) is denied as there is no evidence of an in-service injury or disease.,The Veteran's claim for service connection for a disability of one or both elbows is denied as there is no evidence of an in-service injury or disease.,VA has not provided examination and opinion regarding the Veteran's acquired psychiatric disorder, right fourth digit (ring finger), low back, or right knee.

The Board has determined that the Veteran's current low back disability was not incurred in or is etiologically related to service, and therefore denied his claim for service connection.

The Board has decided to remand the case for further development due to incomplete service records and need for additional medical examination.

The Veteran's unauthorized medical expenses incurred on September 21, 2006 were denied as the treatment was not for an emergent condition and a VA facility was feasibly available.

The Board has decided to remand the case for additional development, including locating missing service treatment records and obtaining medical opinions.

The Veteran's claim for a higher rating for his degenerative osteoarthritis with spondylosis, lumbar paravertebral myositis, and discogenic disease is being remanded due to the need for additional development of his VA treatment records.

The Board found no evidence that the Veteran's claimed disabilities are related to her service-connected endometriosis status post hysterectomy and salpingo-oophorectomy, thus denying secondary service connection for back disability, shoulder disability, headaches, bilateral breast cysts, and neck pain.

The Board finds that the Veteran's low back disorder, diagnosed as lumbar sprain and strain, began during his active duty military service. As such, the claim for service connection is granted.

The Board found that the Veteran's cervical spine and low back disabilities were not incurred or aggravated by service, and thus denied service connection for these conditions.

The Veteran's service-connected lumbosacral strain disability is manifested by x-ray findings of spondylosis, MRI findings of osteoarthritis and degenerative disc disease at L4-5 with secondary mild neural foraminal narrowing. The Veteran has marked limitation of forward bending in the standing position (most severely to 65 degrees), loss of lateral motion, some muscle spasms, and functional impairment due to pain. As these symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board has determined that the Veteran's low back disability is not related to his service, and therefore denied his claim for service connection.

The Veteran's low back strain is not characterized by severe limitation of range of motion, and does not meet the criteria for a disability evaluation in excess of 20 percent.

The Veteran's claim for an increased rating for his service-connected low back disorder was denied. The Board found that the evidence did not support a finding of incapacitating episodes, forward flexion limitation, or unfavorable ankylosis warranting a higher rating.

The Veteran's claims for higher evaluations for his service-connected mechanical low back pain and for service connection for a right knee disorder are being remanded due to the need for additional development.

The Veteran's claim for an earlier effective date for a 40 percent disability rating for lumbosacral strain is considered, and the Board finds that reopening of his previous claims did not result in any change to the current evaluation. The effective date remains June 7, 2007.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and the issuance of a statement of the case regarding his claim for PTSD.

The Veteran's hypertension is not compensable, and his thoracolumbar spine disorder does not warrant a rating in excess of 40 percent.

The Veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for additional development, including obtaining private treatment records and a new VA spine examination.