Neck / cervical spine decisions — 2001

The Board has determined that the veteran's claimed conditions are not related to service and thus denied his claims for service connection.

The Board has reopened the veteran's claims for service connection for cervical spine disorder, lumbar spine disability, and Tse-Tse syndrome. The claim for hypertension on secondary basis is granted with a 30% evaluation.

The VA denied compensation benefits for additional disability of the cervical spine and a left shoulder disability as secondary to surgery and treatment at a VA medical facility from August to October 1991.

The Board granted an increased disability evaluation of 40 percent for the veteran's DJD of the cervical spine, effective September 30, 1991. The claim for a higher rating for the lumbar spine remains pending.

The VA denied the veteran's claim for a permanent and total disability rating for nonservice-connected pension purposes due to her service-connected disabilities, as well as her other nonservice-connected conditions. The RO found that she did not meet the percentage requirements for a combined rating of 70% or more.

The veteran's appeal is being remanded due to the need for additional medical examinations and records, as well as clarification of his claims.

The Board has reopened the claim for service connection for residuals of a head injury, but denied the claim as there is no evidence to support that the current spinal arthritis is related to the in-service head injury.

The veteran's back disability, characterized as residuals of a post-operative cervical spine injury with arthritis and intervertebral disease, is currently rated at 40 percent. The Board finds that the veteran is unemployable due to his service-connected disability.

The Board found that the veteran's service-connected disabilities warranted a combined evaluation of 90 percent and granted restoration of his TDIU.

The Board has granted an increased rating of 40 percent for the veteran's service-connected postoperative residuals, fracture, fusion, cervical spine. The scar at the bone donor site on the left hip remains rated at 10 percent.

The Board has determined that the veteran's cervical spine disability is not proximately due to or the result of his service-connected left shoulder injury. The claim for secondary service connection for the cervical spine disability was denied.

The veteran's service-connected cervical strain resulted in moderate limitation of motion from January 25, 1995 to April 28, 1998. Effective from April 28, 1998, the disability picture more nearly approximated severe limitation of motion.

The Board denied service connection for hernia, degenerative disc disease of the lumbar and cervical spines, residuals of a left knee injury, and residuals of a right foot injury. The reasons given were that there was no evidence of preexisting conditions or aggravation during active duty.

The Board denied the veteran's claims for an earlier effective date for a compensable rating of his cervical spine disability and service connection for residuals of shrapnel wound to the left jaw, finding that the earliest effective dates provided by law were appropriate.

The veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment.

The Board found no clear and unmistakable error in the August 1981 rating decision denying service connection for thoracic back strain and cervical strain, as well as the June 1997 rating decision declining to reopen the claim. The veteran's contentions regarding CUE were not supported by evidence or reasoning.

The Board has determined that the appellant's claim of service connection for degenerative joint disease of the cervical spine should be remanded due to the recently enacted Veterans Claims Assistance Act of 2000 (VCAA), which eliminated the requirement of a well-grounded claim. The appeal regarding an increased evaluation for lumbosacral strain is still pending and will be addressed after further development.

The Board denied the veteran's claim for an earlier effective date of March 3, 1997 for a 60 percent disability evaluation for cervical spine disc herniation at C4-5 and C5-6. The decision found that it was not factually ascertainable that the symptomatology met the schedular criteria prior to March 3, 1997.

The veteran's claims for increased ratings for chronic low back strain and degenerative joint disease of the cervical spine have been granted, with a rating of 40 percent each effective from the date of this decision.

The Board has determined that the veteran's cervical strain, lumbosacral strain, and residuals of left knee meniscectomy warrant initial disability ratings of 10 percent each. The veteran's service-connected conditions are not related to any specific exposure basis or presumption.