Neck / cervical spine decisions — 2001

The Board has determined that the earliest date as of which it is factually ascertainable that an increase in disability had occurred, and thus an effective date of July 23, 1996 for a total rating based on individual unemployability is granted.

The Board has determined that the effective date for the award of service connection for a herniated nucleus pulposus, C5-C6, status postoperative cervical fusion is January 24, 1997.

The Board found that the veteran's arthritis of the cervical spine was not incurred in service and may not be presumed to have been incurred. However, the Board determined that his arthritis of the dorsal spine was caused by an injury sustained during service.

The veteran's claims for higher ratings on his varicose veins, disfiguring scars, limitation of motion in the cervical spine, and scars with neuropathy were all denied. The current ratings assigned are considered appropriate.

The Board denied service connection for cervical and lumbar spine disabilities, finding that new and material evidence had not been submitted to reopen the claims. The RO also denied an increased rating for conversion reaction.

The Board denied the veteran's claims for service connection for various conditions, including left knee disorder, right knee disorder, fecal incontinence, cervical spine disorder (claimed as region between lumbar and cervical area), and depressive disorder (claimed as post-traumatic stress disorder). The decision also denied increased evaluations for certain disabilities.

The Board denied the veteran's claims for higher initial evaluations for his service-connected degenerative joint disease and disc disease of the thoracic, cervical, and lumbar spine.

The Board found no current residual disability related to the veteran's inservice exposure to cold, and thus denied service connection for frozen feet, legs, and lower torso.

The Board has granted a compensable rating of 20 percent for the veteran's chronic cervical strain, effective April 1, 1999.

The VA denied the veteran's claim for reimbursement of medical expenses incurred at a non-VA hospital due to lack of authorization and availability of VA facilities.

The Board has granted a rating of 20 percent for the veteran's service-connected degenerative changes of the cervical spine and both great toes, effective from August 13, 1996.

The VA granted the veteran's claim for service connection for cervical spine strain with degenerative arthritis, assigning a 10% evaluation effective June 1, 2000. The decision also addressed the veteran's claim for malocclusion with TMJ dysfunction and granted it.

The Board has denied the veteran's claims for service connection for arthritis of the cervical, dorsal and lumbar spine, hypertension, memory loss and disorientation, vertigo, and diabetes mellitus. The evidence submitted since the last final decision is not new or material.

The Board determined that the veteran's claimed disabilities were not incurred or aggravated by his active service.

The veteran's appeal is about his service-connected disabilities and whether he should receive higher levels of special monthly compensation based on the severity of his conditions. The RO has ordered additional VA examinations to assess the current level of impairment resulting from his service-connected disabilities.

The VA has determined that the veteran's cervical condition does not require continuous treatment and therefore, her service-connected cervical cysts do not meet the criteria for a compensable evaluation.

The veteran's claim for special monthly pension based on the need for regular aid and attendance has been denied as she does not meet the criteria for such benefits due to her ability to perform daily activities without significant assistance.

The Board finds that the appellant's claimed spinal, left ankle and TMJ disabilities were not incurred or aggravated in active service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for bilateral hearing loss and the residuals of a cervical spine injury. The evidence relates these conditions to service, but does not provide clear evidence of their onset or etiology.

The Board has determined that the veteran's current disabilities of the cervical and lumbar segments of the spine are related to his military service.