Back / lumbar spine decisions — 2016

The Veteran's service-connected right sacroiliac joint arthritis is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board finds that his disability does not meet or approximate criteria warranting a higher rating under any applicable diagnostic code.

The Veteran's lumbar spine DJD was rated at 10% prior to September 29, 2014, and increased to 40% thereafter. The current rating is considered appropriate based on the range of motion findings.

The Board has remanded the case for additional development, including obtaining service treatment records and private medical records. The appellant's claim for service connection for a low back disorder and chronic pain disorder is pending.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's degenerative joint disease of the thoracic spine with low back pain/strain was found to be productive of flexion limited to 70 degrees at worse, but not limited to greater than 30 degree and not greater than 60 degrees. The combined range of motion of the thoracolumbar spine was greater than 120 degrees; however, there were no neurological symptoms related to his condition. As a result, an initial rating in excess of 20 percent prior to September 25, 2010, and of 10 percent from that date is denied.

The Board has remanded the case for additional development, including providing the Veteran's attorney a copy of all adjudication performed and allowing time for response. The claim will be readjudicated after these steps are completed.

The Veteran's cervical and lumbar spine conditions are being remanded for further examination to determine if they were aggravated by a motor vehicle accident on March 25, 1991. The TDIU claim is also inextricably intertwined with the service connection claims.

The Board has determined that it is at least as likely as not that the Veteran's back disorder and acquired psychiatric disorder are etiologically related to his service-connected left elbow and left shoulder disabilities.

The Board has determined that the Veteran's lumbar spine and shoulder disabilities are not related to service, and thus denied these claims.

The Veteran's appeal is being remanded to the AOJ for additional development of evidence related to his claims, including review of SSA records and VA DBQs. The case will then be returned to the Board if necessary.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a back disorder and a right hip disorder. The reopened claims are being remanded for additional development.

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination and issuance of a statement of the case regarding his right lower extremity sciatica.

The Veteran's appeal is being remanded due to scheduling issues for a video conference hearing. The claims of increased ratings for bilateral plantar keratomas, degenerative disc and joint disease with spondylosis, foramina stenosis and scoliosis of the lumbar spine, and orchiectomy, right are still pending.

The Board found that the reduction of the Veteran's rating for his low back disability from 40 percent to 20 percent was improper and restored the original 40 percent rating effective November 1, 2010.

The Board has determined that recovery of the overpayment of pension benefits in the amount of $12,727 would be against the principles of equity and good conscience due to VA's fault in not promptly adjusting the Veteran's pension benefits after he notified them of his additional income from Social Security Administration (SSA) benefits.

The Veteran's claim for service connection for degenerative joint disease of the lumbar spine is being remanded due to inadequate rationale in the February 2013 VA examination and lack of consideration of lay statements regarding his back strain during service.

The Board finds that the Veteran's current low back disability did not manifest in service and does not have a nexus to his active duty. The left leg and knee disability is also not shown to be related to service or due to any service-connected condition.

The Veteran's claim for a clothing allowance in 2013 was denied because the off-the-shelf LO Flexible back brace he used to treat his service-connected degenerative joint and disc disease of the lumbar spine did not tend to wear or tear his clothing. The case is being remanded for further review by the Under Secretary for Health.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss and a back disability, finding that there was no evidence of in-service injury or disease related to these conditions.

The Board has granted service connection for PTSD, finding that the Veteran's current diagnosis of PTSD is supported by evidence of behavior changes related to in-service personal assaults. The other claims are remanded for additional development.