Neck / cervical spine decisions — 2000

The Board determined that the veteran did not submit a well-grounded claim for service connection due to lack of evidence of a chronic cervical spine disorder during service and no competent medical evidence linking the current disability to service or service-connected conditions.

The Board found that the additional evidence submitted since February 1997 was not new and material, thus denying the reopening of claims for service connection for lumbosacral and cervical spine disorders.

The Board dismissed the appeals of the veteran's claims for increased ratings for hypertension and entitlement to TDIU due to failure to file a timely substantive appeal.

The veteran's service-connected cervical spine disability was evaluated at a 10 percent rating prior to August 18, 1998. The RO increased the evaluation to 40 percent effective from August 18, 1998.,For the period prior to August 18, 1998, the veteran's cervical spine disability was characterized by slight limitation of motion and mild intervertebral disc syndrome. For the period beginning August 18, 1998, the disability manifested as severe intervertebral disc syndrome.

The Board denied the veteran's claim for reopening a service connection for a neck or cervical spine disability and also denied his request for an increased rating for low back strain. The evidence received did not show that a neck or cervical disorder began or was aggravated during service.

The Board has determined that the veteran's headaches are not related to his service-connected conditions and therefore denied secondary service connection for headaches.

The Board of Veterans' Appeals has determined that the veteran's claim for special monthly pension based on the need for regular aid and attendance or upon housebound status is denied due to insufficient medical evidence.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status. The right knee degenerative joint disease was not found to be service-connected.

The Board finds that the veteran does not suffer from current disability of the neck and denies her claim for service connection.

The Board found that the appellant's cervical spine disability, including a herniated nucleus pulposus at C6-7 level, was not present during active service or due to military service and denied his claim for service connection.

The Board has remanded the case due to issues related to service connection and secondary service connection for degenerative disc disease and herniated nucleus pulposus of the cervical spine. The veteran should be provided with an examination by a specialist in orthopedics to determine if these conditions are related to his active duty service or service-connected condition.

The Board denied reopening the claim for service connection of a disability of the left arm and declined to reopen the claim for an earlier effective date for cervical spine disorder. The veteran's claims were not supported by new and material evidence.

The Board has determined that the veteran's claim for service connection for arthritis of the cervical spine is well-grounded and grants the claim.

The veteran's combined disability rating is no more than 30 percent, which meets the criteria for a permanent and total disability rating for pension purposes.

The Board has determined that the veteran's fibromyalgia is proximately due to or the result of her service-connected lumbosacral strain and TMJ. The cervical spine disability was not incurred in or aggravated by service, nor may arthritis be presumed to have been incurred in service.

The veteran's appeal for a higher rating on his neck injury with cervical radiculopathy was dismissed due to the death of the veteran during the pendency of the appeal.

The case is being remanded to the RO for additional development and readjudication of the veteran's claims for increased ratings for his cervical spine disability.

The Board has determined that new and material evidence was not received to reopen the veteran's claims for service connection for a lower back disorder, right knee disorder, cervical spine disorder, upper back disorder, headaches, or left knee disorder. The Board found no in-service incurrence of these conditions and thus denied service connection for all issues.

The Board has granted a 70 percent rating for the appellant's service-connected residuals of fracture of the cervical spine and has also determined that he is unemployable due to his service-connected disabilities, warranting a total disability rating based on individual unemployability.

The veteran's cervical spondylosis is granted service connection, and his multiple scars of the face are not entitled to an increased rating.