Neck / cervical spine decisions — 2001

The VA denied the veteran's claims for service connection for residuals of a cervical spine injury and excision of a soft tissue mass of the occipital region, finding that there was no evidence linking these conditions to her active military service.

The veteran's bilateral hearing loss and cervical spine arthritis are service-connected, with a rating of 10 percent for the right fifth metatarsal fracture. The scars of the scalp and face do not meet criteria for compensation.

The Board has reopened the veteran's claim of entitlement to service connection for a cervical spine disorder and has determined that there is at least an approximate balance of positive and negative evidence regarding whether his inservice injury may have caused his current condition. As such, all reasonable doubt is resolved in favor of the veteran and service connection is granted.

The Board denied service connection for PTSD, cervical disc disease (claimed as neck condition), right arm disability, and right hand disability. Service connection was not granted for impotence due to lack of evidence linking the disabilities to service.

The Board has granted service connection for cervical spondylosis and C5-C6 cervical disc disease, post-traumatic, as secondary to the service-connected disability of scar, residuals of gunshot wound (GSW) to the forehead.

The Board has denied the veteran's claims for service connection for residuals of a right ankle injury, defective vision, dermatitis, and arthritis of the cervical spine and shoulders. The RO found that the veteran's defective vision was not related to his active service due to it being a congenital or developmental abnormality.

The Board has granted service connection for arthritis of the cervical and lumbar spine, and an increased rating to 30 percent for PTSD. The veteran's current disabilities are found to be related to his active military service.

The veteran's limited occupational and educational backgrounds, combined with his psychiatric impairment, render him permanently and totally unemployable. The Board has determined that a permanent and total disability rating for pension purposes is warranted.

The Board found that the veteran's cervical myositis with right thoracic outlet syndrome did not meet or approximate the criteria for a disability evaluation in excess of 20 percent.

The Board determined that the veteran's spinal stenosis and degenerative disc disease of both lumbar and cervical spine were not incurred in or aggravated by service.

The veteran's cervical spine and left shoulder disabilities have been granted service connection, with increased ratings of 10 percent for the cervical spine disability and 20 percent for the left shoulder disability effective from September 1, 1998. The veteran continues to seek higher evaluations.

The Board denied the veteran's claims for service connection on multiple issues, finding that new and material evidence was not presented to reopen any of these claims.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's cervical spine injuries, including whether they are related to service. The case will be returned for further action.

The Board granted service connection for the veteran's right shoulder disorder, low back disorder, and degenerative disk disease of the cervical spine. The claims for hearing loss, chronic pain syndrome, sinusitis, tinnitus, hemorrhoids, and a right foot disorder were denied.

The Board has granted a waiver of recovery of the overpayment of VA improved death pension benefits in the amount of $3,569.00 due to severe financial hardship and reliance on SSA benefits.

The Board has determined that the appellant's right great toenail disorder, lumbar spine disability, cervical spine disability, and left shoulder bursitis are related to his military service. The injuries occurred during active duty training in May 1990.

The Board denied the veteran's claims for increased evaluations of his service-connected lumbar spine arthritis and cervical spine arthritis, as well as his claim for an extension of a temporary total rating based on a period of convalescence beyond November 30, 1997. The appeals were not about service connection.

The Board denied the veteran's claims for service connection for low back, neck, and shoulder disabilities, finding that there was no evidence showing these conditions were incurred or aggravated by his active duty.

The Board has reopened the veteran's claims for service connection for a chronic back disorder and temporomandibular joint syndrome, finding that new evidence supports these claims. However, the decision does not specify whether service connection is granted or denied.

The Board denied service connection for degenerative joint/disc disease of the cervical spine and a compensable evaluation for nasal septum deviation, finding that there was no evidence linking these conditions to service.