Neck / cervical spine decisions — 2001

The Board found no evidence that the veteran's current neck disability is related to his service, including a motor vehicle accident in 1982. The VA examiner concluded there was insufficient evidence to establish a connection between the veteran's current condition and his military service.

The Board has determined that additional development is needed due to changes in the law and because of the inadequacy of the previous examination report.

The veteran's service connection claims for arthritis of the ankles, degenerative changes of the lumbar and thoracic spine, and degenerative disc disease of the cervical spine have been granted. The veteran is currently assigned a noncompensable rating for arthritis in both knees.

The veteran's cervical spine intervertebral disc syndrome is currently rated at 10 percent, but the Board finds that a higher rating of 30 percent is warranted due to painful limitation of motion and muscle spasm. Ratings for right wrist tendinitis and strain are not met at any time during the appeal period.

The veteran's left arm pain and numbness, including thoracic outlet syndrome and ulnar neuritis, as well as his cervical spine condition, were incurred during active service. Service connection is granted for these conditions.

The veteran is seeking service connection for residuals of a cervical spine injury, including headaches and depression. The Board has ordered additional examinations to determine the nature and extent of any current disabilities and whether they are related to the July 1972 injury in service.

The Board has denied the veteran's attempt to reopen his claim for service connection due to lack of new and material evidence.

The Board has determined that the veteran's claimed disabilities are not related to his service in the Persian Gulf War, and thus does not warrant service connection under the provisions of Chapter 11 of Title 38, United States Code.

The veteran's cervical spine disability was rated at 20 percent from December 31, 1996 to November 16, 1998 and is now granted a higher rating of 60 percent for this period.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including obtaining additional medical records and scheduling the veteran for an examination. The issue of increased evaluation for his cervical spine disability will also be addressed.

The Board has granted a 20 percent rating for the veteran's left ulnar nerve transposition and left elbow capsulectomy, effective from May 1996. The combined disability rating of 100 percent is also granted.

The Board has determined that the veteran's degenerative disc disease of the cervical and lumbar spine did not preexist service or become more severe during service, and thus cannot be presumed to have been incurred therein. The veteran's bilateral carpal tunnel syndrome is also not considered to have been incurred in service.

The VA has granted a 10 percent rating for the veteran's thoracolumbar strain, but denied claims of service connection for cervical spine and tailbone disorders.

The Board denied an increased rating for the veteran's paracervical strain disability, finding that the evidence did not show moderate limitation of motion or moderate intervertebral disc syndrome.

The Board has remanded the case due to issues being inextricably intertwined and because of changes in the law regarding veterans' claims assistance. The RO must ensure all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed.

The Board denied service connection for the veteran's left elbow disorder, cervical spine disorder, and right shoulder disorder. The evidence did not support a finding of in-service injury or exposure that could be linked to these conditions.

The Board has determined that the veteran's cervical spine disability warrants a rating of 40 percent, based on severe limitation of motion with pain.

The veteran's multiple nonservice-connected disabilities, including postoperative lumbar laminectomy, depressive disorder, and spinal stenosis of the cervical spine, render him unable to secure or follow substantially gainful employment. The Board finds that he is entitled to a permanent and total disability rating for pension purposes.

The veteran's initial claims for increased evaluations of his service-connected cervical and thoracic spine disabilities were granted, with effective dates back to August 1996.

The veteran's claim for a permanent and total disability rating for pension purposes was denied because he failed to appear for VA examinations scheduled in December 1998 and April 2000, and there is no evidence of record showing that his disabilities render him permanently and totally disabled.