Neck / cervical spine decisions — 2001

The Board denied the veteran's claim for increased ratings for his service-connected cervical spine disability, finding that the evidence did not show a change in severity warranting higher ratings.

The Board granted service connection for duodenal ulcer secondary to service-connected depression and assigned a 10 percent rating for degenerative arthritis of the cervical spine.

The veteran's claim for a higher rating for his cervical spine disorder was denied, and the original denial of service connection for his low back disorder remains final.

The Board has determined that the veteran's claim of service connection for a cervical spine disorder, including degenerative disc disease and degenerative joint disease, was denied due to lack of well-grounded evidence.

The veteran's service-connected disabilities do not render him unemployable, as he has completed a vocational rehabilitation program and is currently employed. Therefore, his claim for total disability based on individual unemployability (TDIU) is denied.

The Board has granted service connection for generalized arthritis of the cervical spine, finding that it is a result of the same systemic disease process as arthritis of the thoracic and lumbosacral spine.

The veteran's claim for service connection for optic neuritis is denied, but his claim for a compensable rating for spondylitic changes in the cervical spine at C2-3 is granted. The case is remanded to schedule a travel Board hearing.

The veteran's cervical spondylosis is rated at 20 percent disabling, the lumbar myofascial injury with disc narrowing at 40 percent disabling, and the psychophysiological gastrointestinal reaction at 10 percent disabling.

The veteran withdrew his appeal for service connection for a neck disability.

The VA has determined that the veteran's cervical spine disability, including arthritis and disc disease, is currently manifested by moderate intervertebral disc syndrome with radiation to the left shoulder. The disability does not meet or approximate criteria for a higher rating.

The Board denied the veteran's claims for service connection for chronic low back disorder, thoracic spine strain, and cervical spine strain due to lack of competent evidence showing a current disability related to service.

The veteran's cervical spine disability is determined to be a result of his fall during VA hospitalization in January 1978, and the Board finds that this meets the criteria for compensation under 38 U.S.C. § 1151.

The Board denied the veteran's widow's claims for service connection for the cause of his death, DIC under 38 U.S.C. § 1318, and dependents' educational assistance benefits pursuant to Chapter 35 of 38 U.S.C., finding that none of her allegations were supported by medical evidence linking his heart disease or other service-connected conditions to his fatal car accident.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a disability of the cervical spine, which was previously denied in March 1996.

The Board has denied the veteran's claims for increased evaluation of PTSD and special monthly compensation based on need for regular aid and attendance.

The Board found that the veteran's cervical spine pathology did not begin in service and is not related to any injury sustained during service. The claim for secondary service connection remains unadjudicated.

The Board has granted service connection and a 10 percent rating for the veteran's low back disorder, effective from October 1993. The veteran's claim for a higher rating remains pending.

The Board has denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing that his current cervical spine, right leg, and arm weakness were caused by VA treatment in June 1998. The special monthly pension claim is pending further development.

The Board has determined that the veteran does not have current disabilities of arthritis of the cervical spine or hands, and therefore, service connection for these conditions is denied.

The Board found that the criteria for a compensable rating for residuals of a nose fracture and septoplasty have not been met at any time since the award of service connection for that disability. The veteran's claims of service connection for cervical strain and headaches are remanded due to insufficient evidence regarding their current existence or relationship to her military service.