Neck / cervical spine decisions — 2001

The Board found that the veteran was not entitled to an evaluation in excess of 30 percent for his service-connected ear disorder, as the evidence did not support a higher rating under either the old or new criteria.

The Board has determined that the veteran's disabilities from the August 19, 1999 accident are not due to his own willful misconduct and may be considered when determining entitlement to VA pension.

The Board denied the veteran's claims for increased ratings for his post-operative residuals from a cervical laminectomy and spondylolisthesis, finding that the evidence did not warrant an evaluation in excess of 40 percent.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a chronic low back strain with sciatica. The cervical spine disorder at C1-2 is also considered, but there is insufficient medical evidence linking it to service.

The veteran's appeal regarding the April 1976 rating decision was denied as there is no clear and unmistakable error in the assigned evaluations for his service-connected conditions.

The Board has denied the veteran's claims for increased ratings for his service-connected right shoulder and left shoulder disabilities, as well as his claim to reopen a previously denied neck disability. The evidence does not support a finding of new and material evidence for reopening the neck disability claim.

The veteran's claims for earlier effective dates for service connection and increased ratings were granted, with the combined disability rating now at 60 percent.

The Board has restored the veteran's 10 percent disability evaluation for his cervical disc disease, finding that there was no sustained improvement in his condition.

The Board has determined that the veteran's current cervical spine disability is related to two truck accidents he was involved in during service, and grants service connection for this condition.

The Board has denied the veteran's claims for increased evaluations for various service-connected disabilities, including coronary artery disease, degenerative disc disease of the cervical and lumbar spine, carpal tunnel release of both wrists, hemorrhoids, repair of anal fissure, removal of colon polyps, plantar fasciitis of the right foot, residuals of cholecystectomy, residuals of appendectomy, and bilateral hearing loss.

The Board has determined that the veteran's degenerative disc disease of the cervical and lumbar spines do not warrant an evaluation in excess of 20 percent.

The Board has denied the veteran's claims for an increased evaluation for her service-connected low back strain and service connection for a cervical spine disorder on secondary basis.

The veteran's TDIU benefits were granted effective June 3, 1996, based on his service-connected disabilities.

The veteran was granted a TDIU and increased evaluations for mechanical low back pain and postoperative residuals of cervical fusion at C5-C6 effective as of February 19, 1991.,An earlier effective date of October 29, 1996 is granted for the grant of a 40 percent evaluation for mechanical low back pain.

The Board denied the claim as new and material evidence had not been submitted to reopen the claim of entitlement to service connection for the cause of death.

The Board has denied the veteran's claims for service connection for residuals of rubella, fibromyalgia, discoid lupus, and spondylosis of the cervical and lumbar spine as secondary to rubella due to a lack of medical evidence supporting these claims.

The VA denied the veteran's claim for service connection of his cervical spine disorder, which he claimed was secondary to a gunshot wound injury. The RO found that there was no evidence linking the cervical condition to either the veteran's active duty or a service-connected disability.

The Board has determined that the veteran's cervical spine disorder, sleep disorder, sexual dysfunction, and headaches are not proximately due to or the result of his service-connected lumbosacral strain. The veteran's cervical spine disorder is not related to his service-connected lumbosacral strain, while his sleep disorder is attributed to a herniated disc at L5-S1 and cervical spine disorder.

The Board has granted separate evaluations for the veteran's service-connected right arm palsy and occipital headaches, but denied an increased evaluation for his residuals of a fracture of the cervical spine.

The Board has reopened the veteran's claim for service connection due to new and material evidence, finding that his ankylosing spondylitis of the entire spine and degenerative disc disease of the cervical spine are related to his active military service.