Neck / cervical spine decisions — 2000

The VA Board denied an increased rating for osteoarthritis of the cervical spine, currently rated at 20 percent.

The veteran's claim for reimbursement of unauthorized medical services provided during his hospitalization at Sewickley Valley Hospital was denied because the treatment did not meet the criteria under 38 U.S.C.A. § 1728 and VA regulations, specifically due to lack of prior authorization and failure to meet the requirements for emergency care.

The veteran's nonservice-connected disabilities, including hypertension, degenerative joint disease of the cervical spine, and right subgluteal bursitis, do not render him permanently unemployable for pension purposes.

The veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim as he is no longer alive.

The Board denied service connection for a cervical spine disability (other than left TOS) and the propriety of initial noncompensable rating for postoperative residuals of a right knee laceration, but granted an increased 20 percent rating for left thoracic outlet syndrome.

The Board denied the veteran's claims for service connection for cervical disc syndrome and an increased evaluation for gall bladder removal, finding no well-grounded evidence. The effective date of a total rating based on individual unemployability due to service-connected disability was set at September 9, 1995.

The Board has denied the veteran's claims for increased ratings for his post-neck injury headaches and chronic cervical strain, finding that the evidence does not support a higher rating than what was already assigned.

The Board has denied a higher evaluation for the veteran's cervical spine disability, but granted an increased rating of 40 percent for postoperative residuals of adenocarcinoma of the prostate effective October 1, 1997.

The Board denied the veteran's claims for service connection for degenerative disc and joint disease of the lumbar spine, cervical spine, and carcinoma of the colon. The evidence did not establish a causal link between these conditions and his military service.

The Board found no evidence of a neck or cervical spine disorder in service and concluded that the veteran's current condition is not related to his military service.

The veteran's appeal has been dismissed due to his death.

The Board denied service connection for upper gastrointestinal condition, neck disability, psychiatric disorder, and liver condition (hepatitis) due to lack of competent medical evidence of current disabilities.

The Board has remanded the case for further development, including VA examinations and consideration of all relevant evidence.

The Board determined that the veteran's cervical strain disability does not warrant an increased evaluation, and his claim for a TDIU was also denied due to insufficient evidence of unemployability.

The veteran's service-connected broken neck disability was granted a 30 percent evaluation from May 12, 1998.

The Board found that the veteran's claims for service connection and evaluations of her disabilities were not well-grounded, thus denying them.

The veteran's claims for service connection were denied. The Board found that the evidence did not support a well-grounded claim for cerebral concussion with headaches, residual SFW scar on the scalp, or cervical arthritis. For the compensable evaluation of SFW residuals of the left chest, there was no tenderness or functional impairment. Multiple noncompensable service-connected disabilities prior to September 12, 1997 did not interfere with employment. The veteran's application for Service Disabled Veterans' Insurance (RH) was denied due to his health conditions.

The veteran's service-connected low back disability, including DJD of L5-S1, is well-grounded. The claim for cervical spine disability, including cervical fusion of C4-5, is also well-grounded.,Osgood-Schlatter's disease of the right knee has been rated at 20% since October 1994. No increase in rating was granted for Osgood-Schlatter's disease of the left knee.,The veteran received a temporary total rating based on convalescence due to surgery and one month beyond.

The Board found that the veteran's cervical spine disorder was a congenital defect and not incurred or aggravated by service. The claim is denied as not well grounded.

The Board has denied the veteran's claims for increased ratings for his service-connected arthritis of the cervical spine and ureteral calculi, finding that the objective evidence does not support a higher rating.