Back / lumbar spine decisions — 2015

The Board has remanded the Veteran's claims for sinusitis, cervical spine degenerative joint disease prior to August 12, 2009, and cervical spine degenerative joint disease from March 19, 2010. The remaining issues of service connection for thoracolumbar spine degenerative joint disease and increased ratings for cervical spine degenerative joint disease are also remanded.

The Veteran's lumbosacral strain with degenerative joint and disc disease is rated at 40 percent, effective the date of this decision.

The Board has denied the Veteran's claims for service connection for a left foot condition, back disability, left shoulder disability, and neck disability. The Veteran does not have a current diagnosis of these conditions.

The Veteran's back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the current evidence of record.

The Board has remanded the case for further development, including verification of service dates and provision of new examinations to address the issues of service connection.

The Veteran's claim for service connection for a back disability is being remanded due to the need for a VA examination, missing service treatment records, and missing private medical records.

The Board has determined that the Veteran's current low back disability was chronically worsened by her service-connected bilateral lower extremity disabilities, and thus grants service connection for this condition on a secondary basis.

The Veteran's daughter was born in November 2006, and he became entitled to additional compensation for his child as of the date of her birth. However, he did not submit information about this until September 21, 2009, which is when VA received a completed VA Form 21-686c from him. Therefore, the effective date for the award of additional compensation based on a dependent child was October 1, 2009.

The Board has determined that the Veteran's low back and right shoulder disabilities are not related to her service, and therefore, she is not entitled to service connection for these conditions.

The Veteran's lumbar spine degenerative arthritis is rated at 10 percent prior to March 28, 2014 and at 40 percent thereafter. The appeal was granted as the disability meets the criteria for a higher rating.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of his claims.

The Veteran's claim for an annual clothing allowance is being remanded due to the need for a certification from the Chief Medical Director or designee regarding whether the back brace he wears causes damage to his outer garments.

The Board has determined that the Veteran's lumbar spine and right knee disorders are at least as likely as not related to his service-connected left ankle disability, granting service connection for both conditions.

The Board has determined that the Veteran's service-connected degenerative joint disease of the lumbar spine does not meet or approximate the criteria for a disability rating in excess of 50 percent.

The Veteran's claimed back injury, right knee disorder, and left knee disorder are not considered to have started during service or be related to service. The Board finds that the preponderance of evidence is against these claims.

The Board has determined that the Veteran's low back and neck disabilities had their onset in service, granting service connection for these conditions.

The Board has remanded the case for an addendum opinion from the examiner who provided the December 2012 VA spine examination, or another appropriate medical professional if unavailable. The examiner is to address whether the Veteran's low back disability was caused by or aggravated by his service-connected right toe disability.

The Board has remanded the case for further development and consideration of the issue of service connection for a back disorder, to include as secondary to service-connected bilateral knee disabilities.

The Board has remanded the case for additional development, including a new VA examination and opinion to determine if the Veteran's low back disability is related to service. The issue of entitlement to service connection for a low back disability must be addressed.

The Board has determined that the appellant does not have any service-connected disabilities, and therefore, her claims for service connection are denied.