Neck / cervical spine decisions — 2000

The Board found that the veteran's claims of service connection for residuals of a back injury, a neck disability, and post-traumatic stress disorder are not well-grounded due to lack of medical evidence showing these conditions are related to his military service.

The veteran's appeal for service connection for a major depressive disorder and a cervical spine condition due to an undiagnosed illness is being remanded back to the RO for further review.

The Board denied the veteran's claims for service connection for various conditions, including left shoulder disorder, neck or cervical spine disorder, thoracic spine disorder, cardiovascular disease, and left foot disorder. The claim for residuals of an influenza vaccination was also denied.

The veteran's right shoulder fusion and cervical spine condition have been evaluated based on their current functional limitations. The RO granted an increased evaluation for the postoperative residuals of joint fusion of the right shoulder, but denied entitlement to a higher initial evaluation for his cervical spine condition.

The Board has dismissed the appeal regarding service connection for a cervical spine disability due to lack of timely substantive appeal. The veteran's facial blemish and low back disability claims have been denied as there is no competent evidence of current disability or that any pre-existing conditions were aggravated by military service.

The Board found no clear and unmistakable error in the December 1984 decision denying TDIU, as the facts known at that time were correct and the applicable regulations were correctly applied.

The Board has determined that the veteran does not have additional disability due to VA treatment and surgery for cervical spine disease in February 1975 or right frontal parietal meningioma in November 1993.

The Board has determined that the veteran's asthma claim is not well grounded, and his neck disorder claim was denied in a final decision. The new evidence submitted to reopen his neck disorder claim supports service connection for this condition. His allergic rhinitis and left foot laceration claims are both found to be well grounded.

The Board has denied the veteran's claims for service connection of a low back disorder and cervical spine disorder. The claim for secondary service connection for a low back disorder is not well grounded, as there is no competent medical evidence linking it to his service-connected shell fragment wound injury residuals. The August 1956 rating decision granting service connection for the right thigh shell fragment wound was not clearly and unmistakably erroneous. The veteran's new and material evidence claim for cervical spine disorder has been granted, but he must still prove a causal link between his current condition and service to establish well-groundedness.

The Board found that the veteran's nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating for pension purposes, as they are rated at zero percent combined.

The Board has granted service connection for cervical dysplasia and increased the rating for low back disability from January 5, 1988 to August 1992 and from April 9, 1998 onwards. The effective date is not specified.

The Board has determined that the veteran's cervical spine disability was not incurred in service, and her chronic sleep disorder with fatigue is not due to an undiagnosed illness related to Persian Gulf service. The claim for these conditions remains denied.

The Board has determined that the veteran's current cervical spine disorder and degenerative joint disease, low back, do not have a direct link to service. The claim for an initial rating in excess of 40 percent for his low back condition is denied as there is no evidence linking it to service.

The Board has determined that the veteran's claims of service connection for various conditions, including PTSD and depression, are not well-grounded. The evidence does not support a diagnosis of PTSD or depression related to service.

The veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The veteran's claim for reimbursement or payment of unauthorized private outpatient services was denied because the VA did not authorize the services and there were no emergency circumstances warranting such treatment.

The Board denied the claim for an increased rating for a low back disability, finding that there was no evidence of arthritis involving the shoulders and hands. The claim for service connection for arthritis of the cervical spine, shoulders, and hands was also denied due to lack of competent evidence showing it is related to service or proximate thereto. The claim for benefits pursuant to 38 U.S.C.A. § 1151 for additional back disability resulting from colon surgery performed at a VA hospital in July 1997 was not well-grounded.

The Board has determined that the veteran's claims for service connection for a cervical spine disorder and bilateral carpal tunnel syndrome are not well grounded, as there is no medical evidence linking these conditions to service or any service-connected disability.

The veteran's claims for increased ratings and a higher evaluation for his thoracic spine disability were denied. The RO found that the veteran did not meet the criteria for a rating in excess of 30 percent for cervical spine arthritis, or for a compensable evaluation prior to August 19, 1993, for chest wall symptoms associated with thoracic spine degenerative disc disease.

The Board has dismissed the veteran's appeal for service connection on all issues due to a lack of an adequate substantive appeal.