The veteran's claim for an increased rating for muscular contractions with headaches and neck pain was granted. The claim for compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability as a result of left shoulder surgery in January 1991 was denied, as there is no clinical or other competent evidence showing that the veteran's pre-existing low back disorder was permanently increased in severity due to the November 1982 stretcher accident and his left shoulder disability resulted from VA treatment. The claim for a total disability evaluation based on individual unemployability due to service-connected disabilities was granted.

The deciding factor: The veteran's muscular contractions with headaches and neck pain were found to be directly related to the November 1982 stretcher incident, resulting in a grant of an increased rating. However, his claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied as there is no clinical or other competent evidence showing that his pre-existing low back disorder was permanently increased in severity due to the November 1982 stretcher accident and his left shoulder disability resulted from VA treatment.

Claimed conditions

Muscular contractions with headaches and neck pain, Left shoulder disability

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

30%

Decision date

June 25, 2002

Citation

0206829

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0206829.