Neck / cervical spine decisions — 2000

The Board found that the reduction in the evaluation of the veteran's service-connected cervical spine disorder from 30 percent to 10 percent was proper based on improvement in range of motion and other symptoms.

The Board has determined that new and material evidence to reopen the veteran's claims for service connection for cervical spine and right hip disabilities was received. The claim is granted as well-grounded.

The Board granted service connection for lumbar discogenic disease and denied service connection for cervical spine disability. Service connection was not established for bronchial asthma due to lack of evidence linking the condition to service.

The Board has determined that there is no competent medical evidence of a current disability related to the veteran's service, and thus the claims for chronic low back, neck, and shoulder disabilities are denied.

The Board has granted a 30 percent rating for the veteran's cervical strain, finding that it meets the criteria for severe limitation of motion.

The Board has determined that the veteran's cervical spinal stenosis with degenerative disc disease is a result of disease or injury incurred during active military service.

The Board has determined that the veteran's claims for service connection are not well grounded, as there is no competent medical evidence showing a chronic disability involving memory loss or sinus problems. The veteran's complaints have been attributed to emotional difficulties and developmental issues.

The veteran's service-connected conditions do not meet the criteria for a permanent and total disability rating for pension purposes as his combined schedular evaluation is less than 100 percent.

The Board denied the veteran's claim for service connection for a pinched nerve with cervical spurs, finding that there was no competent medical evidence establishing a causal relationship between his current disability and his in-service injury.

The veteran's postoperative residuals of a herniated nucleus pulposus of the cervical spine are rated at 20 percent effective from May 7, 1995. The veteran's sinusitis was rated as noncompensable prior to January 27, 1993 and 10 percent thereafter.

The Board has determined that the appellant's degenerative joint disease of the cervical spine and lumbar spine were incurred during service, did not exist prior to service, and were permanently aggravated by service. The claims are therefore granted.

The Board has determined that the veteran's claims for service connection and increased rating for his low back pain with herniated disc are not well-grounded. The cervical spine disability claim is denied as there is no medical evidence of a nexus between the current condition and service, while the low back pain claim remains at 20% due to moderate intervertebral disc syndrome.

The Board has determined that the veteran's cervical spine disorder is not related to service and cannot be granted as a claim for direct service connection.

The veteran's cervical spine disability is rated at 20 percent, effective July 30, 1996. His right femur deformity is also rated at 20 percent, effective the same date.

The Board has determined that the veteran is entitled to a total disability rating based on individual unemployability due to his service-connected disabilities, including PTSD and cervical spine fusion.

The Board has determined that the veteran is not entitled to a permanent and total disability rating for pension purposes due to her nonservice-connected disabilities, as they do not prevent her from maintaining substantially gainful employment.

The Board has determined that the veteran's cervical spine arthritis and bilateral shoulder arthritis are related, with the latter aggravating the former. The April 1997 rating decision for arthritis of the shoulders was not clearly and unmistakably erroneous.

The Board denied the veteran's claims for service connection for a bilateral shoulder disorder affecting both arms and hands, as secondary to his service-connected cervical herniated disc at C5-6. The claim for an increased rating for his cervical herniated disc was also denied.

The Board has determined that the veteran's claim for secondary service connection for a cervical spine disorder is not well grounded, as there is no current diagnosis of such a condition and no evidence supporting the assertion that it is related to his service-connected right shoulder injury.

The veteran's claims for increased ratings for his service-connected disabilities are being remanded due to inadequate examination reports. The RO will schedule the veteran for additional examinations and consider his claims again.