Back / lumbar spine decisions — 2001

The Board has reopened the veteran's claim for service connection for a low back disability due to new and material evidence submitted since the final September 1994 decision. The RO is directed to schedule the veteran for a VA examination, obtain all relevant medical records, and ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board has reopened the veteran's claim for service connection due to new medical evidence linking his current back disability to his military service. The claim is now considered granted.

The Board denied the veteran's request to reopen his claim for service connection for a lower back disorder, finding that there was no clear and unmistakable error in the April 1996 rating decision. The RO rejected the reopening of the claim due to lack of new and material evidence.

The Board denied service connection for spondylolysis of the lumbar spine with fusion in October 4, 1984. The decision is not considered to involve clear and unmistakable error.

The Board has granted service connection for a right elbow disability and assigned a 10 percent rating. The low back disability is also service-connected, with a non-compensable rating initially assigned but now at 10 percent.

The Board has denied the veteran's claims for service connection for residuals of a right shoulder injury, low back injury, and right ankle injury. The claim for higher rating for residuals of a left wrist injury is also denied.

The veteran's claim for financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment was denied due to the lack of evidence showing loss or permanent impairment of use of one or both feet or hands, or permanent impairment of vision of both eyes.

The Board has granted service connection for a back disorder secondary to the veteran's service-connected left ankle disorder, but is unable to determine if this issue was part of an appeal regarding service connection or another issue. The initial evaluation remains at 10 percent.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on a need for regular aid and attendance of another person, or being housebound.

The Board has determined that additional development is needed to determine if the veteran's current low back disorder, including status post laminectomy/Post's disease (spinal tuberculosis), is related to his service. The RO must make a further attempt to obtain any missing service medical records and arrange for an examination of the veteran by a physician with appropriate expertise.

The Board denied the veteran's claims for service connection and assigned disability ratings for his PTSD, bilateral hip disorders, and low back disorder. The appeals regarding these issues are now closed.

The Board denied the veteran's claims for service connection and initial compensable evaluation for his claimed disabilities, finding that there was insufficient evidence to support a diagnosis of PTSD based on in-service stressors and that the residuals of his stress fracture were essentially asymptomatic.

The veteran's service-connected herniated nucleus pulposus of the lumbar spine is rated at 60 percent, which is the highest available under Diagnostic Code 5293.

The veteran's residuals of a lumbar laminectomy at L5 with spondylosis are manifested by muscle spasm, chronic pain on all motion that significantly limits the functional ability. The Board has determined that a 60 percent evaluation is warranted based on pronounced intervertebral disc syndrome.

The veteran's combined disability rating is 70%, which meets the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board found that a partial waiver of overpayment in the amount of $6,061 and $111 was consistent with equity and good conscience. Recovery of the remainder of the overpayments would not violate principles of equity and good conscience.

The Board denied the veteran's claims for service connection for a back disability and PTSD, as well as his claim for glaucoma. The decision also addressed an increased rating for anxiety disorder and a temporary total hospitalization rating issue.

The Board found that the veteran's low back disorder was not incurred or aggravated by service, and denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disability. The veteran's testimony and medical records support his assertion that he suffered from a back injury during service, which resulted in ongoing pain and required surgery.

The Board has determined that the veteran's residuals of lacerations to the right upper extremity are proximately due to or the result of his service-connected right knee disabilities, and thus grants service connection for this condition.