Neck / cervical spine decisions — 2000

The Board has determined that the veteran's cervical spine and low back disabilities, as well as his left knee disability, are service-connected. These conditions were first noted post-service but may be related to injuries sustained during active duty.

The Board has determined that the appellant's appeal was timely filed, and thus the claim of service connection for cervical and lumbar spine disorders is now before the Board.

The Board has denied the veteran's claims for service connection for a herniated disc at L5-S1, status post diskectomy and increased evaluations for cervical spine degenerative changes with radiculitis and right shoulder bursitis. The evidence does not support a finding of a nexus between these conditions and the veteran's military service or service-connected disabilities.

The Board denied the veteran's claim for an increased rating for intervertebral disc syndrome of the cervical spine and found that service connection for PTSD was not established. The veteran's intervertebral disc syndrome is currently rated at 40 percent.

The Board dismissed the appeal regarding service connection for a cervical spine disability due to lack of timely appeal. The claim for an increased evaluation for low back strain was denied as the current rating adequately compensates for the veteran's functional impairment.

The veteran's service-connected amputated left leg disability is considered to have caused his lumbar intervertebral disc syndrome. His cervical spondylosis and pes planus with plantar fasciitis are rated as 20 percent disabling.

The Board found that the veteran's intervertebral disc disease of the lumbar spine is not well grounded.,New evidence has been submitted to reopen the claim for a cervical spine disorder, but it does not establish service connection.

The Board has determined that the veteran's neck and low back disabilities are service-connected due to aggravation during service, while his bilateral foot disability is also service-connected as it existed prior to service.

The Board found that the veteran's neck disability is not related to his military service and denied his claim.

The Board has determined that the veteran's claim of service connection for a cervical spine disability is well grounded and VA has a duty to assist in obtaining relevant records. The case is remanded for further development, including VA examinations.

The veteran's cervical spine disability is rated at 60 percent, effective from May 7, 1996. The veteran's major depressive disorder is rated at 30 percent, also effective from May 7, 1996.

The Board has determined that the veteran's claims for service connection for headaches and neck disability, as well as his claim for an increased evaluation for residuals of a concussion of the brain, are not well-grounded. The veteran does not have current disabilities related to these issues.

The Board has determined that the veteran's claim for service connection for a cervical spine disorder is not well grounded, and thus denied.

The Board denied the veteran's claims for service connection for residuals of a cervical spine injury, and for evaluations in excess of 10 percent for status post gall bladder removal with hiatal hernia and zero percent for postoperative ventral (incisional) hernia. The veteran was not granted any new ratings or connections.

The Board has determined that the veteran's claims for higher initial evaluations of his service-connected right knee disorder, lumbar spine disorder, cervical spine disorder, and thoracic spine disorder are not well grounded. The preponderance of evidence does not support an evaluation in excess of the currently assigned ratings.

The RO denied the veteran's claim for an increased rating for lumbar spine disk disease and granted a 10 percent evaluation for bursitis of the left hip. The service connection claim for arthritis of the cervical spine, claimed as secondary to right knee disability, was found not well grounded.

The veteran's degenerative arthritis of the cervical spine is currently rated at 20 percent, but the Board finds that this rating is not supported by the evidence and denies his claim for an increased rating.

The Board found that the veteran does not have a current gynecological disability and concluded her claim for service connection was not well-grounded.

The veteran's claim for an increased disability rating for his service-connected fracture, 7th cervical vertebra, with faulty union was denied. The appeal regarding the October 1945 final rating decision which granted service connection and assigned a 20 percent disability rating due to CUE was also denied.

The veteran's claim for a permanent and total disability evaluation for pension purposes is being remanded due to the need for further development, including evaluations of his various disabilities under the VA's Schedule for Rating Disabilities (Rating Schedule).