Back / lumbar spine decisions — 2015

The Board has determined that the earliest possible effective date for the grants of service connection for residuals of a right ankle sprain and degenerative joint disease of the lumbar spine, status post laminectomy is May 12, 2010.

The Board denied increased ratings for cervical spine mechanical strain, lumbosacral spine mechanical strain, left knee patellofemoral pain syndrome with musculoligamentous strain, right knee patellofemoral pain syndrome with musculoligamentous strain, and right shoulder tendonitis and bursitis. The Veteran's claim for service connection for a psychiatric disorder was denied as final due to lack of appeal within one year of notification.

The Veteran's left and right hip bursitis have been granted initial 20% disability evaluations, but no greater.,The Veteran's lumbar spine strain has been granted an initial 10% disability evaluation, but no greater.

The Veteran's service-connected low back disability, characterized as lumbar spondylosis with L5 disc bulge and degenerative facet changes, does not meet the criteria for a rating greater than 10 percent under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's degenerative lumbar spine disability was granted a 20 percent rating effective July 24, 2012. The previous rating of 10 percent prior to that date is maintained.

The Veteran's low back disability was rated at 20 percent prior to March 4, 2013, and upgraded to 40 percent as of that date. The claim for TDIU is also granted.

The Veteran's claims for service connection for leg, back, neck, and wrist disorders are denied as there is no evidence of current disabilities. The claim for bilateral hearing loss is also denied.

The Veteran's lumbar spine degenerative joint disease has been rated at 40 percent since February 21, 2013. This rating is based on forward flexion of the thoracolumbar spine being 30 degrees or less.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's claimed low back disability and stomach disability, as the previous VA examination did not provide sufficient rationale for its conclusions.

The Veteran's appeal is being remanded due to the need for additional medical records and further development. The issue of nonservice-connected VA disability pension remains pending.

The Board found that the Veteran's claimed disabilities, including residuals of a corneal abrasion and a lumbar spine disability, are not etiologically related to service.

The Board has remanded the case for an additional VA examination to determine the current nature and severity of the Veteran's service-connected lumbar spine disability, including any neurological component. The claim will also be submitted to the Director, Compensation and Pension Service, for consideration of whether a higher rating is warranted on an extraschedular basis.

The Board denied service connection for a low back disorder and found that the Veteran's right knee disability did not warrant an increased rating prior to January 15, 2011, or thereafter.

The Board has remanded the case due to incomplete service treatment records and a need for clarification from the private physician who provided an opinion in 2010. The Veteran's claim of service connection for his low back disorder is being returned to the agency of original jurisdiction (AOJ) for further development.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including for his TDIU claim.

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

The Veteran's back disability, including degenerative joint disease (arthritis), was not incurred in or aggravated by service. The Board found no evidence linking the current condition to his military service and concluded that any such connection would be speculative.

The Board has decided to remand the Veteran's claims for additional development due to incomplete records and need for further examination.

The Board has granted service connection for the Veteran's lumbar and cervical spine disabilities, finding that these conditions are related to his military service.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his lumbar spine disability and opinions regarding service connection for bilateral knee disabilities.