Neck / cervical spine decisions — 2001

The veteran's service-connected degenerative joint disease of the lumbar spine with herniated nucleus pulposus, status post laminectomy and diskectomy is rated at 40 percent, which is the maximum schedular rating available for this condition. The veteran's service-connected degenerative joint disease of the cervical spine does not warrant a compensable rating.

The RO denied increased ratings for the veteran's service-connected hypoparathyroidism and degenerative disc disease with cervical stenosis of the cervical spine.

The veteran's appeal was dismissed because he did not file a timely substantive appeal within the one-year period from December 3, 1997.

The Board has determined that further development is needed before a final decision can be made on the veteran's claims for increased evaluations of his service-connected disabilities.

The Board has determined that the preponderance of the evidence is against the veteran's claims for service connection for chronic sinusitis, cervical and lumbar spine disorders, irritable bowel syndrome, and increased evaluations for post concussion syndrome with anxiety symptoms and history of headaches and dizziness, as well as bilateral varicose veins. The Board found no medical evidence linking these conditions to service.

The veteran's appeal was denied as the service connection for cervical cancer and an increased rating for mixed migraine and tension headaches were not established. The Board found that there is no evidence of current or past cervical cancer, and the veteran's headaches are responsive to medication.

The veteran's claims for service connection for a cervical spine disability and temporary total convalescent ratings have been denied by the RO. The case is being remanded to allow for additional development.

The VA has granted an increased evaluation of 20 percent for DDD and DJD of the cervical spine, effective May 3, 1998. The veteran's claim for a higher evaluation for DJD of the lumbosacral spine is denied.

The veteran's carcinoma of the tongue and metastatic squamous cell cancer of cervical nodes were not shown to be related to service, including exposure to Agent Orange.,Peripheral neuropathy was not shown to be related to service or due to exposure to Agent Orange.

The veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Board has denied the veteran's claims for service connection for a cervical spine disability and a compensable evaluation for lumbosacral strain due to lack of new and material evidence, and because there is no clear medical opinion linking current low back symptoms to military service.

The veteran's disabilities, including respiratory impairment and lumbar and cervical spine disabilities, do not meet the basic disability percentage requirements for VA pension benefits due to his employment status.

The veteran's claims for increased evaluations and a total rating based on individual unemployability were denied. The claim to reopen his lumbosacral spine disorder was also denied, as the new evidence did not meet the criteria for reopening.

The Board has denied the veteran's claims for service connection for muscle tension headaches, cervical spine strain, and hypertension due to a lack of well-grounded evidence.

The Board found that the cervical spine disorder is not related to service or service-connected conditions, and thus denied the claim.

The Board has determined that the veteran's claimed chronic cervical spine disability and bilateral hand numbness were not incurred or aggravated by active military service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the veteran's cervical spine disorder, characterized by severe intervertebral disc syndrome with recurring attacks and intermittent relief, warrants a 40 percent disability evaluation.

The Board found that the veteran's service-connected disabilities did not render her unemployable on an ascertainable date prior to September 12, 1997 and denied the claim for an earlier effective date.

The Board has granted service connection for the claimed temporomandibular joint disability, facial nerve damage, and psychiatric disability. Service connection was denied for a neck disability.

The Board denied an increased rating for service-connected bilateral hearing loss and granted a temporary increase from 10 to 20 percent for cervical and lumbar back strain. The veteran's current level of disability does not warrant a compensable rating for his bilateral hearing loss, but the claim is remanded for further development regarding his cervical and lumbar back strain.