Neck / cervical spine decisions — 2000

The veteran's service-connected low back disorder, cervical spine HNP, and residuals of deviated nasal septum are all granted with the appropriate disability ratings. The right knee disorder remains unresolved.

The Board has determined that the veteran's claims for service connection were not well-grounded and have been denied.

The veteran seeks service connection for various conditions, including a cardiovascular disorder (hypertension), cervical spine disorder, lumbosacral spine disorder, and lower thoracic kyphosis with osteoarthritis. The Board finds that additional development is required to determine the nature and etiology of these conditions.

The Board denied the veteran's claims for a certificate of eligibility for assistance in acquiring an automobile or other conveyance and specially adaptive equipment, as well as financial assistance in purchasing special adaptive housing. The appeals were dismissed due to the Court's remand order.

The Board has remanded the case due to a change in the law regarding veterans' claims assistance, and the need for additional development of evidence.

The Board has remanded the case due to the veteran not reporting for VA examinations and the confusion about his mailing address. The veteran is required to provide updated information on any treatment received, including from non-VA providers.

The Board denied the veteran's claims for increased ratings for his right shoulder and cervical spine disabilities, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has determined that the veteran's cervical spine disorder, currently rated at 30 percent disabling, does not warrant a higher evaluation due to lack of evidence showing more severe limitation of motion or other factors justifying an increased rating.

The Board has denied the veteran's claim for service connection for residuals of a cervical spine injury, including cervical intervertebral disc syndrome. The case is being remanded to allow for scheduling a hearing before a Veterans Law Judge at the RO.

The Board has determined that the veteran's current cervical spine disorder, manifested by degenerative joint disease and an abnormal sagittal contour, is related to her service due to repetitive movements associated with her workplace in service. With resolution of reasonable doubt in favor of the veteran, the claim for service connection is granted.

The Board denied the veteran's claims for increased evaluations and service connection for various conditions, finding that the evidence did not support higher ratings or service connection based on direct service incurrence.

The Board has granted increased ratings for the veteran's residuals of a cervical spine fracture, effective from February 10, 1999. The veteran previously had a compensable rating for his residuals of a cervical spine fracture prior to this date.

The veteran's service-connected disabilities did not meet the criteria for a total rating based on individual unemployability prior to April 8, 1997. However, his claim was granted effective from that date due to the assignment of a 60% evaluation for COPD.

The Board has granted service connection for PTSD and assigned a 50 percent disability rating, effective from August 26, 1994. The claim for increased PTSD evaluation is denied.

The Board has determined that the veteran's service-connected right upper extremity radiculopathy due to cervical arthritis, spondylosis and stenosis warrants a 40 percent rating. The limitation of motion in his cervical spine is rated at 30 percent under DC 5290. The peptic ulcer has been rated at 20 percent since September 1978.

The Board denied an increased rating for the veteran's service-connected arthritis and degenerative disc disease of the cervical spine, but granted a higher rating effective from August 22, 1994. The claim for an earlier effective date for the heart disability was also denied.

The Board has granted the veteran's claim for an increased disability evaluation for hiatal hernia and duodenitis, finding that his symptoms warrant a rating of 10 percent. The issue of service connection for arthritis of the lumbar spine was reopened due to new evidence submitted by the veteran.

The veteran's cervical spine disability, which includes a fracture at C5 with traumatic degenerative changes, is currently rated as 40 percent disabling. The Board finds that the current rating adequately reflects his symptoms and does not warrant an increased evaluation.

The Board denied the veteran's claims for service connection for hemorrhoids, left knee disability, deviated septum, and cervical, thoracic, and lumbar spine disorders. The decision also noted that the veteran's claim for increased rating of his temporomandibular dysfunction with headaches was granted.

The Board has reduced the appellant's disability ratings for cervical strain and diffuse disc bulging at L5-S1 from 30% and 40%, respectively, to 20%. The reduction was based on improvement in the appellant's conditions as shown by recent medical examinations.