Neck / cervical spine decisions — 2000

The veteran's service-connected conditions do not meet the criteria for special monthly compensation based on loss of use of the right foot or need for aid and attendance/housebound status.

The veteran's service-connected disabilities do not meet the criteria for a total rating based on unemployability due to service-connected disabilities.

The Board has granted a 30 percent evaluation for degenerative joint disease of the cervical spine and a 40 percent evaluation for degenerative disc disease of the lumbar spine, both based on their direct service connection.

The Board has determined that the veteran's degenerative disease of the cervical spine and chronic rotator cuff pathology of the right shoulder are at least as likely as not caused by his service-connected amputation of the left arm, warranting service connection for these conditions for purposes of accrued benefits.

The veteran's service-connected cervical spine disability is rated at 40 percent, the maximum schedular rating for intervertebral disc syndrome with limitation of motion and headaches. The current evaluation adequately reflects his symptoms.

The Board found that the veteran's claim of entitlement to service connection for a chronic acquired disorder of the cervical spine was not well grounded and denied her claim.

The veteran's original claim for service connection was received on May 16, 1996. The RO granted the effective date of July 18, 1996, for his service-connected disabilities and later granted an earlier effective date of May 16, 1996.

The veteran's increased disability rating claim for patellofemoral instability of the left knee was denied. Service connection claims for right and left ankle disabilities, as well as cervical and lumbar spine disabilities, were also denied. The claim to reopen a right shoulder disability was not granted.

The Board has determined that the veteran's claims for service connection for arthritis of the cervical spine and chronic neck pain, as well as difficulty swallowing, are well grounded. The evidence shows an in-service occurrence of cold weather exposure leading to current disabilities. Service connection is granted.

The Board has reopened the claim for service connection for a bilateral hearing loss disorder and granted it. The cervical spine condition claim is not well-grounded.

The Board denied the veteran's claims for service connection for cervical disc disease and an increased evaluation for degenerative disc disease at L2-L3 with central canal stenosis, finding that there was no evidence of a direct relationship to service or service-connected disability.

The Board has granted a 30 percent rating for the service-connected cervical spine disability, effective February 20, 1992. The left wrist disability is rated at 20 percent and the right wrist disability at 10 percent, both effective from February 20, 1992.

The veteran's claims for increased evaluations for arthritis of the lumbar spine and cervical spine are denied as his disabilities do not meet or approximate the criteria for a higher evaluation under the applicable rating schedule.

The Board has determined that the veteran's heart disease and degenerative changes of the cervical spine are secondary to his service-connected pulmonary tuberculosis. The claim for an increased rating for pulmonary tuberculosis is granted.

The Board has denied the veteran's claims for increased ratings for his service-connected disabilities, including degenerative arthritis of the lumbar and cervical spines, third degree burn scars of the left hand, forearm, and flank, as well as second degree burn scars. The effective dates for these decisions are not specified.

The veteran's cervical herniated discs, post-operative, with radiculopathy are currently manifested by pain and limitation of motion without persistent symptoms of pronounced disability. The veteran's low back pain with degenerative changes is currently manifested by painful but essentially full range of motion.

The Board has determined that the veteran's claims for service connection are not well grounded and thus denied.

The Board denied the veteran's claims for increased initial disability evaluations for his service-connected intervertebral disc syndrome, lumbar spine and cervical spine. The veteran was granted an initial noncompensable evaluation for tendonitis of the right upper extremity and a 10 percent initial disability rating for tendonitis of the left upper extremity and chondromalacia patella, right knee.

The Board has determined that the veteran's claims for service connection are not well grounded and have denied them accordingly.

The January 1992 rating decision incorrectly combined the veteran's migraine headaches with her cervical spondylosis, which were separate conditions. The Board found clear and unmistakable error in this decision.