Neck / cervical spine decisions — 2000

The Board has determined that the veteran's claims for service connection for a cervical spine disability and residuals of a left shoulder injury are not well grounded. The claim for a cervical spine disability is denied as there is no evidence linking it to his military service, while the claim for residuals of a left shoulder injury remains pending but was denied due to lack of new and material evidence.

The Board finds that the veteran's gynecological disorder and cervical dysplasia are not well-grounded claims as there is no evidence of a chronic condition during service, and the endometriosis diagnosed in 1997 is not related to her service-connected cervical dysplasia.

The Board finds that the veteran's peripheral neuropathy of the left arm and degenerative changes in the cervical spine are related to service, with resolution of all reasonable doubt in favor of the veteran.

The veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, warranting special monthly compensation based on the need for regular aid and attendance. However, he does not meet the criteria for housebound benefits due to a single service-connected disability rated at 100 percent.

The veteran's claim for special monthly compensation based on need for regular aid and attendance or at the housebound rate is denied as he does not meet the criteria of having a single service-connected disability rated as 100 percent together with separate service-connected disabilities independently ratable at 60 percent, nor is his permanent housebound status due to service-connected disabilities.

The Board has determined that the veteran's claims for service connection for low back, cervical spine, and left shoulder disabilities are not well-grounded. The claim for increased rating for hysterical neurosis, conversion type is denied.

The Board denied the veteran's claims for service connection for right tympanic membrane perforation and cervical myalgia with upper trapezius spasticity, finding no evidence of a well-grounded claim. The increased rating claim for symptomatic dermographism was also denied.

The veteran's claim for special monthly pension based on the need for aid and attendance or being housebound is denied due to his inability to perform activities of daily living and his ability to travel away from his home.

The veteran's disabilities, including his psychiatric disorder and COPD, are rated at the minimum levels allowed by law. The RO found that his alcohol abuse was due to willful misconduct and thus not compensable.

The veteran's cervical spine disorder is rated at 10 percent, and a separate 10 percent rating for right shoulder impairment is granted. Service connection for low back and left shoulder disorders is denied.

The Board has determined that the veteran's cervical spine disability warrants a 20 percent evaluation, which is in excess of the current 10 percent rating.

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

The Board has denied the veteran's claims of entitlement to service connection for low back and cervical spine disabilities, finding that there is no current evidence linking these conditions to his military service. The claim for secondary service connection for a psychiatric disorder was also denied as it is not legally sufficient.

The Board has determined that the veteran's claim of service connection for a disability affecting his neck, shoulders, upper arms and hands is well-grounded. The evidence supports a finding that the veteran's current condition may have had its onset during his period of military service.

The Board has reopened the claim for service connection due to new and material evidence, but it remains unclear whether the veteran's conditions are related to his military service.

The veteran's claims for increased evaluations and service connection were denied. The left foot fracture residuals are currently asymptomatic, the cervical spine disability warrants a 10% evaluation, and the right elbow condition prior to October 21, 1996 is not compensable.

The Board has determined that the veteran's current cervical strain, left knee chondromalacia, and lumbosacral strain are all related to his active service. The original rating of 20 percent for the low back disability is granted.

The Board has determined that the veteran's claim for service connection for a neck disability is not well grounded. The increased disability rating for his gunshot wound to the right thigh is denied as there is no evidence showing an increase in severity since the initial evaluation.

The Board denied the veteran's claims for service connection for a herniated disc of the cervical spine (C5-6) and an increased rating for residuals of a shell fragment wound to the upper back (muscle group I). The evidence did not establish a link between these conditions and his military service.

The Board has found that the veteran's claims for service connection for cervical spine and left arm disabilities are well-grounded. The RO is directed to obtain medical records from private physicians, specifically Drs. Wolfson and Hottenstein, who have treated the veteran since April 1997. The veteran should be scheduled for VA examinations to assess his current disability status and provide objective medical evidence based on his entire medical history.