Back / lumbar spine decisions — 2016

The Veteran's service-connected knee disabilities manifested by painful motion from September 4, 2009 to May 11, 2014. A 10 percent rating is granted for patellofemoral syndrome of the right and left knees during this period.

The Veteran requested to withdraw his appeal regarding the service connection for a low back condition, and as such, the case is dismissed.

The Veteran's claim for service connection for thoracolumbar degenerative disc disease with degenerative joint disease at L5-S1, to include as secondary to his service-connected bilateral knee disabilities, is being remanded due to the need for additional medical opinion regarding causation or aggravation.

The Veteran's cervical and lumbar spine conditions were found to have onset during active service, with the Board granting service connection for these disabilities.

The Board found that the Veteran's neck and back disabilities did not manifest during or as a result of active military service. The evidence suggested possible pre-existing conditions, but no clear and unmistakable evidence was provided to rebut this presumption.

The Veteran's back disability, characterized by forward flexion of the thoracolumbar spine at 30 degrees or less with favorable ankylosis, is rated as 40 percent disabling for the entire rating period on appeal.

The Veteran is unable to obtain and maintain substantially gainful employment due to the combined effects of his service-connected disabilities, with a current combined disability rating of 80 percent.

The Board has remanded the case due to issues related to service connection for various musculoskeletal disorders, and further examination is needed as the Veteran is currently incarcerated.

The Veteran has withdrawn her appeals on both issues before the Board, and as a result, the cases are dismissed.

The Veteran's appeal is being remanded to obtain additional VA examinations and to obtain any outstanding private treatment records. The case will be reviewed for readjudication.

The Veteran's spine disorder, including DDD and DJD, is not service-connected as there was no chronic in-service disability or continuity of symptomatology since separation. The right hand/finger and wrist disorders are also not service-connected due to lack of a link to the service-connected right elbow disability.

The Board has determined that the Veteran's lumbar spine degenerative disc disease and right shoulder impingement were incurred during his active duty service, thus granting service connection for these conditions.

The Veteran's appeal is remanded due to the need for a new VA examination to determine the nature and severity of his low back disability, including testing at the point where pain begins.

The Board has determined that a VA examination is needed to determine the nature and etiology of any diagnosed low back disability, as the appellant's statements and medical records indicate an association between his active duty for training and his current condition.

The Veteran's service-connected bilateral maxillary and ethmoid sinusitis has not been productive of three or more incapacitating episodes per year requiring prolonged antibiotic treatment, nor more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge. The Veteran's thoracic spine dextroscoliosis with lumbar spine levoscoliosis disability is productive of at least painful motion since the effective date of service connection.

The Board has determined that the Veteran's cervical and lumbar disorders are not etiologically related to his active duty service.

The Board has determined that the Veteran's low back disability was not incurred in service and is not otherwise related to an injury or disease in service. As such, the claim for service connection for a low back disability is denied.

The Board found that the Veteran's thoracolumbar spine disability clearly and unmistakably existed prior to service and was not aggravated by an in-service event, injury or illness. As a result, the claim for service connection is denied.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if any current thoracic spine disability is related to service.

The Board has determined that the Veteran's alcohol abuse is caused by his service-connected PTSD. Therefore, the claim of service connection for an acquired psychiatric disorder other than PTSD is granted.