Back / lumbar spine decisions — 2000

The veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support a finding of service connection or entitlement to increased evaluations.

The Board has granted the veteran's claims of service connection for degenerative joint disease of the lumbar spine and right plantar fasciitis with an anterior calcaneal spur, finding that these conditions likely began during military service.

The veteran's claim for a clothing allowance is denied as the service-connected disabilities do not qualify under VA regulations.

The Board has remanded the case due to insufficient evidence regarding the veteran's back disability, and additional VA examination is required. The SSA records are also needed for review.

The veteran's claim for an increased rating for his service-connected left thigh muscle disability was denied. The RO also remanded the secondary service connection claim for a low back disorder, but did not specify whether it would be granted or denied.

The Board denied secondary service connection for back and right knee disabilities, granted a 10 percent rating for the right ankle disability, but denied an increased rating for residuals of shell fragment wounds to the right thigh.

The veteran's peripheral neuropathy was not incurred in or aggravated by service, and the Board denied service connection for this condition. Service connection for a lumbar spine disorder secondary to service-connected bilateral pes planus is also denied.

The Board denied the veteran's request to reopen his previously denied claim for service connection for a back disorder, finding that the new evidence submitted was not significant enough to warrant reopening the case.

The veteran's claim of entitlement to an increased rating for his low back pain with degenerative disc disease of the lumbar spine was denied. His claim of entitlement to a total disability rating for compensation purposes due to individual unemployability is granted.

The Board found no clear and unmistakable error in the September 1983 decision that established service connection for lumbosacral strain with a 10% evaluation, but did not address the veteran's claim regarding his laceration to the back/buttocks area. The appeal was denied.

The veteran is seeking service connection for injuries sustained during her reserve service, including back and hip disabilities. The VA has not yet addressed the claim for right hip disability. Additional examination is needed to determine the etiology of these conditions.

The Board has determined that the veteran's overpayment of disability compensation benefits should be waived for a portion covering December 1, 1994, through March 31, 1998. However, recovery is denied for the period from October 1, 1994, through November 31, 1994.

The veteran is seeking service connection for a low back disorder. The Board has scheduled a hearing before a Veterans Law Judge at the RO, but the veteran failed to attend the scheduled hearings and now requests a Travel Board hearing.

The Board has determined that the veteran's current low back disorder is attributable to service, and thus grants service connection for this condition.

The Board has determined that the veteran is not eligible for financial assistance in acquiring a stair glide due to existing service-connected disabilities and previous use of a one-time specially-adapted housing benefit. The appeal is denied.

The case is being remanded for further action regarding the reopening of a claim for service connection for chronic back strain and the entitlement to service connection for lumbosacral degenerative disc disease.

The veteran's appeal was denied as he did not meet the legal requirements for reimbursement or payment of unauthorized medical treatment due to lack of emergent nature and feasible availability of VA facilities.

The case is being remanded for further development, including an orthopedic examination to determine the cause of current symptoms and whether the veteran can obtain substantially gainful employment due to his service-connected disability. The increased evaluation claim will also be re-adjudicated.

The Board denied the veteran's petition to reopen his claim for service connection for a back disorder and also denied his secondary service connection claim for hypertension. The decision concluded that there was no evidence of a service-connected back disorder, and thus, hypertension could not be considered secondary.

The veteran's claim for an increased evaluation of his service-connected residuals of a fracture to the third lumbar vertebra with traumatic arthritis is being remanded due to incomplete medical records and need for further examination.