Neck / cervical spine decisions — 2000

The veteran's post-operative cervical stenosis with herniated nucleus pulposus is rated at 20 percent disabling since June 1, 1995.

The veteran's claims for service connection for right inguinal hernia and arthritis involving each arm and the back to include the cervical spine were denied as not well grounded. The claim for a rating in excess of 10 percent for residuals, shell fragment wound, left hip with left leg neuropathy was granted but at the maximum allowable under the applicable diagnostic codes.

The Board has granted service connection for a bilateral ankle disorder and an increased rating for cervical strain with HNP at C5-6, both effective from February 1995.

The veteran's claim for a permanent and total disability rating for pension purposes was denied as his disabilities do not meet the criteria set forth in VA regulations.

The veteran's service-connected incisional / ventral hernias, status-post hernia repair is rated as noncompensable. The claim for compensation under 38 U.S.C.A. § 1151 for collapsed lung with chronic obstructive lung disease, status post pneumonitis, degenerative disc disease and a pinched nerve of the cervical spine and hypertension due to treatment at a VA facility is denied as not well grounded.

The veteran's claim for an increased rating for his service-connected cervical spine disability was denied by the RO in April 1998.

The Board has determined that the veteran's claims for service connection for low back disorder and cervical spine disorder are not well-grounded, as there is no medical evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for tinnitus and a cervical spine disorder, finding that there is no competent medical evidence linking these conditions to his military service.

The veteran's claim for special monthly pension based on need for regular aid and attendance or being housebound was denied due to his current disability rating of 100% for schizophrenia, which does not meet the criteria for additional disabilities independently ratable at 60%, nor is he substantially confined to his home.

The RO increased the rating for lumbosacral strain with myofascial syndrome to 20 percent effective February 10, 1997.

The Board denied the veteran's claims for service connection due to a lack of new and material evidence, as well as his cervical strain with degenerative joint disease and degenerative disc disease.

The Board found no competent evidence linking the veteran's current cervical spine disorder to service, and thus denied his claim for service connection.

The Board has reopened the claim of service connection for a right arm/wrist disorder and found it well grounded. The case is now remanded to consider whether there was clear and unmistakable error in the February 1980 rating decision denying service connection.

The veteran's claim for a total disability evaluation based on individual unemployability (TDIU) was granted with an effective date of March 31, 1986. The TDIU rating is based on the veteran's service-connected disabilities.

The Board has determined that the veteran's claim for service connection for degenerative joint disease, cervical spine is not well-grounded because there is no competent medical evidence linking his current condition to an injury sustained during active duty.

The Board denied the veteran's claims for increased ratings and service connection for various conditions, finding that the evidence did not support higher evaluations or a grant of service connection.

The Board found that the veteran's injuries were caused by his own willful misconduct, as evidenced by his admission to drinking alcohol and driving too fast.

The Board has granted an increased disability rating of 30 percent for migraine headaches and found that the veteran's claim for service connection for a cervical spine disability is well grounded, but the Department has not satisfied its duty to assist.

The Board has determined that the veteran's service connection claim for a cervical spine disorder is granted, and his claim for a compensable rating for bilateral patellofemoral syndrome is also granted.

The veteran is seeking to reopen his claim for service connection of a stomach disorder and to establish service connection for a cervical spine disorder. The case has been remanded due to incomplete records from the veteran's second period of military service.