Back / lumbar spine decisions — 2016

The Veteran's cervical spine disability, diagnosed as status post cervical spine fusion C3 to C6 with radiculopathy, is etiologically related to the spine injury he sustained during service.,The Veteran's low back disability (claimed as osteoarthritis and degenerative disc disease) is not permanently aggravated by his service-connected anterior compression fractures of T12 and L1.

The Board has reopened the Veteran's claims of service connection for headaches, neck disorder, and back disorder. The evidence is at least in equipoise as to whether these conditions are related to service, thus resolving all reasonable doubt in favor of the Veteran. Service connection is granted for cervical spine degenerative joint and disc disease, lumbar spine degenerative joint and disc disease, and headaches. However, there is no evidence linking a bilateral leg disorder to service.

The Board finds that the Veteran's current back disability, to include congenital scoliosis of the thoracic spine, degenerative disc disease of the mid-thoracic spine, and spondylosis of L4, is not related to active service. Therefore, service connection for this condition cannot be granted.

The Veteran's lumbar spine strain has not met the criteria for an initial evaluation in excess of 10 percent prior to June 1, 2011, and in excess of 20 percent on or after June 1, 2011.

The Veteran's back disability is evaluated at a 20 percent rating based on limitation of motion, but does not meet the criteria for a higher evaluation as there is no evidence of favorable ankylosis or forward flexion to 30 degrees.

The Board has remanded the case for additional development, including obtaining inpatient records from Fort Wainwright and Fort Bragg, as well as scheduling a VA examination to determine the likely etiology of the Veteran's low back disorder. The examiner is instructed to address all relevant diagnoses and provide opinions regarding the likelihood that any diagnosed conditions are related to service.

The Veteran's lumbar spine disability has not resulted in limitation of forward flexion to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months. Therefore, his claim for an increased rating is denied.

The Veteran's service-connected degenerative joint and disc disease of the lumbar spine has been rated at 40 percent since March 13, 2014. The evidence does not support a higher rating under any applicable diagnostic codes.

The Veteran's claims for service connection for right thigh contusion, left foot disorder, right wrist disorder, throat disorder (claimed as reflux), and low back strain were all denied. The Board found no evidence of chronic residuals associated with these conditions that manifested during or as a result of active military service.

The Veteran's service connection claim for residuals of injury to the lumbar spine, including arthritis and intervertebral disc syndrome, is granted as his current condition is found to be at least as likely as not caused by an inservice fall.

The Board has remanded the case for further development, including obtaining SSA records and providing a supplemental opinion from an appropriate examiner regarding the Veteran's COPD and back disability claims.

The Board has withdrawn the claims of entitlement to service connection for chronic sinusitis and low back disability due to a request by the Veteran's representative. The Veteran is found to have irritable bowel syndrome, which was incurred in military service and is considered a qualifying chronic disability under Persian Gulf War criteria. Neurological symptoms in both upper and lower extremities are also considered as an undiagnosed illness related to military service.

The Veteran's thoracolumbar spine disability is rated at 40 percent, effective October 1, 2006. The cervical spine disability was previously rated at 10 percent prior to November 17, 2011 and now rated at 20 percent since that date.

The Veteran's back, right knee, and left knee disabilities have been rated at the lowest possible initial disability ratings of 10% since January 23, 2008. The Board has determined that these ratings are appropriate based on the evidence provided.

The Veteran's service-connected cervical spine disability resulted in a temporary total disability rating for convalescence from January 9, 2002 to April 4, 2002. The Veteran is not precluded from substantially gainful employment due to his service-connected disabilities.

The Board found that the Veteran's low back disorder did not originate during his military service and could not be presumed to have been incurred due to exposure to Agent Orange or other known risk factors. The preponderance of evidence does not support a finding that the current condition is related to his service.

The Board has determined that the Veteran's low back disability is not related to service and is unrelated to his service-connected knee disabilities, thus denying service connection for a low back disability.

The Board has ordered the Veteran's VA medical records from West Palm Beach to be obtained, and if found, will request an addendum opinion from a 2012 VA examiner regarding whether his low back disability is related to service. The case will then be returned for further review.

The Veteran's right ankle disability, including instability with recurrent sprains and DJD, is granted as service connected. The other conditions are not found to be related to service.

The Board has denied the Veteran's claims for service connection for left shoulder, back, and left leg disabilities as they are not related to active military service.