Back / lumbar spine decisions — 2001

The Board has granted secondary service connection for mechanical low back pain, finding that it is proximately due to or the result of service-connected knee impairment. The final two issues regarding rating excess of 10 percent for left and right knee chondromalacia are remanded.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for residuals of a low back injury is being remanded due to the implementation of the Veterans Claims Assistance Act of 2000, which requires additional notification and development action.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with a VA examination to assess his right knee disability and any arthritis of the hips, legs, or low back. The RO will also determine if the current 20% rating for the right knee should be reduced.

The veteran's appeal is for a higher disability rating for his service-connected low back disorder. The RO has scheduled a new VA examination to assess the current severity of his condition and will consider staged ratings if warranted.

The Board has determined that the veteran's current spondylolisthesis is related to an inservice back injury, and thus service connection for a low back disorder is granted.

The Board has denied the veteran's claims for service connection for a back disability secondary to his service-connected right knee disability and for an increased evaluation of his right knee disability. The issues are not related to any exposure basis, such as Agent Orange or Camp Lejeune. There is no indication that the veteran was participating in a VA rehabilitation program at the time of treatment.

The Board denied the veteran's claim for service connection as there is no medical evidence showing a low back disorder was incurred or aggravated by service.

The Board has determined that the veteran's claim of service connection for a low back disorder is remanded to allow for further development, including scheduling an additional VA medical examination.

The Board denied the veteran's request to reopen his claim of service connection for a back disorder, finding that the submitted evidence was not new and material.

The Board has denied the appellant's claims for increased disability evaluation and total disability rating based on individual unemployability due to service-connected disabilities. The RO is instructed to obtain updated medical records, employment information, and conduct a VA social and industrial survey.

The veteran's PTSD was initially granted in June 1998 with a 10% evaluation. In May 2000, the VA increased his PTSD rating to 30%, effective March 24, 2000. The low back disorder claim remains pending as new evidence has not been presented to reopen it.

The veteran's claims for increased ratings for his service-connected lumbar strain, cervical spine injury, and fracture of the right little finger were denied by the RO. The RO continued the evaluations at 20%, 30%, and 0% respectively.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back disorder. The RO must now review the merits of the claim on a de novo basis.

The Board has granted a higher (10 percent) evaluation for the veteran's service-connected low back strain, effective from June 12, 1997.

The Board found that the veteran did not engage in combat during his service, and thus could not establish PTSD based on a verified in-service stressor. The heart disease was also denied as secondary to the low back disorder. For the low back disorder, the evaluation remained at 20 percent.

The Board has determined that a 20 percent evaluation is warranted for thoracic and lumbar strain, and a compensable evaluation (10%) is granted for the residuals of shell fragment wound to muscle group XIV, right groin and thigh with retained foreign body.

The veteran's claim for financial assistance in acquiring specially adapted housing or special home adaptations is denied because he does not meet the criteria for these benefits based on his service-connected conditions.

The Board has denied the veteran's claims for service connection for low back, neck, and right knee disabilities as well as an increased evaluation for residuals of a fracture of the right femur.

The Board has granted service connection for right heel spur disability and low back disability, finding that both conditions began during the veteran's active service.

The veteran's low back disability is rated at 40 percent, effective December 27, 1996. The claim for an earlier effective date was granted.