Neck / cervical spine decisions — 2001

The Board denied the veteran's claims for service connection for recurrent right knee sprain, an initial rating in excess of 10 percent for chorioretial atrophy of the eyes, and an initial rating in excess of 20 percent for degenerative joint disease of the cervical spine. The case is remanded to obtain updated medical records and conduct further examinations.

The Board granted a 40% evaluation for chronic low back strain effective August 28, 1995. The veteran's claim for residuals of a fracture of the left zygoma was not supported by evidence showing it is related to his service-connected condition.

The Board denied the veteran's claim for service connection for residuals of a cervical spine injury, finding that there is no evidence to support such an injury during military service.

The Board has determined that the veteran's cervical spine disability and chest pain are not related to service, as there is no evidence of such conditions during or within one year after service. The medical opinions provided do not support a connection between these disabilities and service.

The Board denied the veteran's claims for service connection for degenerative joint disease of the cervical spine, prostate disorder due to agent orange exposure, and residuals of a skin disorder including chloracne, skin cancer, and acne. The evidence did not support these claims.

The Board finds that the veteran developed a psychiatric disorder secondary to his service-connected low back disorder and grants service connection for this condition. The issue of an increased rating for the low back disability is remanded due to lack of recent examination.

The veteran's cervical dysplasia with endometriosis is productive of pain and irregular bleeding that is not controlled by treatment, warranting a 30% evaluation.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on a need for regular aid and attendance of another person, or being housebound.

The Board has determined that the veteran's claimed spinal disabilities are related to his active military service, granting service connection for osteoarthritis and degenerative joint disease of the cervical spine and osteoarthritis of the thoracic spine.

The veteran's cervical strain with lipoma was not incurred in or aggravated by active service, nor is it related to the service-connected bilateral lymphedema of the lower extremities.,From December 9, 1974 to October 21, 1980, the criteria for a compensable rating were more favorable to the veteran's claims.

The VA denied the appellant's claims for increased ratings for his left knee and cervical spine disabilities, finding that the current evaluations of 10 percent are appropriate based on the clinical findings.

The veteran's claim for an earlier effective date for TDIU was denied as it is not factually ascertainable that he was entitled to a total rating based on individual unemployability due to service-connected disabilities prior to November 26, 1996.

The Board denied the appellant's attempt to reopen her previously denied claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The veteran's appeal is being remanded for a Travel Board hearing at the Columbia, South Carolina, Regional Office of the Department of Veterans Affairs.

The Board has denied the veteran's claims for service connection for cervical strain and gastrointestinal reflux disease, finding that there is no evidence of a direct relationship between these conditions and his military service.

The Board has granted a 10 percent evaluation for degenerative changes of the cervical spine, effective from September 27, 1993. The veteran's claim for an increased evaluation for chondromalacia patella of the left knee remains pending.

The Board has remanded the case due to a need for additional development, including obtaining medical records and providing a VA examination.

The RO denied the appellant's claims for service connection and accrued benefits, but granted service connection for residuals of a gunshot wound to the left ankle for accrued benefits purposes.

The veteran has an employment handicap and meets the criteria for basic entitlement to vocational rehabilitation benefits under Chapter 31, Title 38, United States Code.

The Board denied an earlier effective date for the grants of service connection for hypertension with arteriosclerotic heart disease and degenerative changes of the cervical spine, finding that the law does not allow such a decision.