Back / lumbar spine decisions — 2014

The Veteran's appeal is being remanded to the Agency of Original Jurisdiction (AOJ) for a new VA examination assessing the current severity of his low back disability and for additional development as indicated.

The Board has granted service connection for a low back disability, including degenerative joint disease and myofascial syndrome. The Veteran's current left and right knee disabilities are denied.

The Board has granted the Veteran's claims for service connection for low back disability, bilateral ankle and knee disabilities, GERD, residual scar from a left breast lumpectomy, tinnitus, and migraine headaches. The Veteran's current conditions are found to be related to her military service.

The Veteran's compression fracture of L3, with degenerative joint disease and degenerative disc disease, is rated at 40 percent. The Board finds that the evidence supports a rating of 60 percent for this condition as it results in forward thoracolumbar flexion of 35 degrees or less without ankylosis.

The Veteran's appeal is being remanded due to the need for additional etiological opinions and compliance with prior Board remand instructions.

The Veteran's private chiropractic treatment from June 21, 2007 to December 20, 2007 was not authorized in advance by VA and thus reimbursement for these expenses is denied.

The Veteran's heart disorder, hypertension, and back disorder have been etiologically related to service-connected post-herpetic neuralgia. The Board has granted the Veteran's claims for these conditions.

The Veteran's claim for an increased rating for his low back strain was denied. The current rating of 40 percent is deemed insufficient to reflect the severity of his disability, as it does not account for the significant functional impairment and work-related effects noted in recent examinations.

The Veteran's thoracolumbar back strain is currently evaluated at 10 percent, and his right knee strain prior to October 16, 2012 and left knee strain since that date are both rated as non-compensable. The Board finds the evidence does not support a higher rating for any of these conditions.

The Veteran's claim for increased ratings for lumbosacral strain was denied. For the period prior to December 29, 2008, a rating in excess of 10 percent is not warranted. Since December 29, 2008, a rating in excess of 40 percent is also not warranted.

The Veteran's lumbar muscle strain, tension headaches, and right shoulder Bankart/SAP repair with osteoarthritis have all been rated as noncompensable.,No higher ratings are warranted for any of these conditions.

The Board found that the Veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Veteran's low back disability, including sclerosis of the sacroiliac joint, was found to have its onset during service and is therefore granted as service connected. The claims for increased ratings for bilateral pes planus and bilateral knee disabilities are also granted.

The Board has determined that service connection is now warranted for lumbar spine degenerative disc disease and degenerative joint disease. The Veteran's cervical spine disability and TDIU issues are remanded for additional development.

The Board has remanded the case for further development, including obtaining a VA medical opinion regarding whether the Veteran's lumbar spine disorder is aggravated by his service-connected right hip disorder.

The Veteran's cervical spine disability is currently evaluated as 20 percent disabling. The Board finds that the current evaluation of 20 percent is appropriate given the evidence showing forward flexion greater than 15 degrees but not less than 30 degrees, and no ankylosis.

The Board finds that the Veteran's low back disability, manifested by degenerative changes, is likely due to an injury sustained during service and grants service connection for this condition.

The Board has determined that the Veteran's low back disability warrants a rating of 40 percent, effective June 15, 2010. Prior to this date, the disability was not shown to meet the criteria for a higher initial rating.

The Board has remanded the case due to a need for clarification of the medical opinion regarding the etiology of the Veteran's back disability, which may be related to service or post-service causes.

The Veteran's low back strain with degenerative disc disease is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.