Neck / cervical spine decisions — 2001

The Board denied the veteran's claim for an earlier effective date of June 3, 1994 for a total disability rating based on individual unemployability due to service-connected disabilities. The evidence did not show that the veteran was unable to secure or follow substantially gainful employment prior to this date.

The Board found that service connection for ocular hypertension (claimed as glaucoma) is granted, and the rating for degenerative disc disease of the cervical spine was increased to 20 percent.

The veteran's service-connected lumbar and cervical spine disabilities have been rated at the maximum available benefit, with an effective date of September 23, 1989.

The Board denied an increased rating for PTSD, but granted a 20% rating for the veteran's service-connected fracture of Cervical Spine with Traumatic Arthritis.

The Board found the revision from a 50 percent to a 30 percent rating for cervical adenocarcinoma, post total hysterectomy was appropriate due to CUE in the original rating decision. The evaluation of hemorrhoids remains pending.

The veteran's application for a total disability rating based on individual unemployability (TDIU) was denied due to the presence of other factors, including his own decision to leave his employment. However, he received Social Security Administration (SSA) disability benefits which supported his claim.

The Board denied the veteran's claim for an increased disability rating for his service-connected fracture, 2nd cervical vertebra, currently rated at 30 percent.

The Board found that the veteran's cervical spine disorder was not incurred in or aggravated by active service.

The veteran's service-connected cervical spine disability and residual post-operative keloid removal have materially contributed to his impairment in employability, making him eligible for vocational rehabilitation services.

The Board found that the veteran's PTSD does not warrant a rating higher than 30 percent, and his cervical spine disability is currently evaluated as 20 percent disabling.

The veteran's tinnitus is found to be related to service exposure, and the Board grants service connection for this condition. The other issues remain unresolved.

The Board has remanded the case to VARO for review and disposition of the issues on appeal, including consideration of additional evidence. The appellant is advised that she should respond to the supplemental statement of the case.

The Board denied an increased rating for the veteran's cervical spine disability and remanded the service connection issues for further development.

The Board has granted service connection for frostbite of the toes and fingers, bilaterally, with cold sensitivity and neuropathy as incurred in active service. Additionally, a 10 percent evaluation is assigned for cervical strain.

The veteran's claim for special monthly pension by reason of being housebound is denied as he does not meet the criteria for housebound benefits due to his ability to leave his home and perform basic self-care activities.

The Board has denied service connection for right knee disability and PTSD. Service connection was granted for lumbar spine and cervical spine disabilities.

The veteran's claim for increased ratings was granted, with a rating of 40 percent effective August 28, 2000. The previous rating prior to this date has been confirmed.

The veteran's cervical spine disability is rated at 40 percent, effective June 2, 1995. The lumbar spine disability remains at a 40 percent rating from the same date. The dorsal spine and right knee disabilities are both rated at 10 percent.

The veteran's cervical disc disease is rated at 10 percent from June 13, 2000, and at 20 percent from May 13, 2000. The right ankle disability does not meet the criteria for a higher evaluation. The right shoulder arthritis is rated at 10 percent from June 13, 1996, and at 20 percent from June 24, 2000.

The Board denied the veteran's claims for service connection and initial compensable ratings for his cervical spine disorder, bilateral compartment syndrome, recurrent knee strains, chronic ankle strain, and right ankle fracture. The appeals were based on direct service connection.