Neck / cervical spine decisions — 2001

The Board denied the veteran's claims for an earlier effective date for service connection and a noncompensable rating for her headache condition.

The veteran's degenerative arthritis of the thoracic spine does not cause any limitation of motion.,The veteran has been granted the maximum schedular rating available for his degenerative arthritis of the lumbosacral spine, and thus an increased rating claim must be denied based on a lack of entitlement under the law.,The veteran's spondylosis and degenerative disc disease of the cervical spine have also been granted the maximum schedular rating available, resulting in a denial of his increased rating claim for this condition.,There is no competent medical evidence indicating that the veteran's peripheral neuropathy of the lower extremities is related to his service-connected lumbosacral spine disorder.,The combined disability rating of 70 percent assigned from June 19, 1997 was correctly calculated by the M&ROC using the combined ratings table.,The criteria for a total rating for compensation based on individual unemployability due to service-connected disabilities have been met.

The Board denied increased ratings for bilateral hearing loss, tinnitus, and gastroesophageal reflux (GERD), as well as service connection for heart disease, emphysema, anxiety and depression, arthritis of joints, and a total rating based on individual unemployability.

The Board has determined that the veteran's claims for service connection and increased ratings are denied. The neck disability is secondary to his service-connected lumbosacral strain, while basal cell carcinoma of the right forehead is presumed due to fuel exposure during active service.

The Board denied the veteran's claims for service connection for cervical spine and right foot disabilities, as well as his requests for earlier effective dates for TMJ and GERD. The Board found that there was no evidence of a current disability related to these conditions.

The Board has granted service connection for residuals of an appendectomy, to include a scar or scars, and for cervical strain. The veteran's claim for service connection for bronchitis is remanded due to the failure to issue a statement of the case.

The Board denied the veteran's claims for increased evaluations for his service-connected herniated nucleus pulposus status post anterior cervical discectomy, C4-C5, and right iliac crest autograft. The evaluation for the former condition was maintained at 60 percent, while the evaluation for the latter condition remained noncompensable.

The Board has determined that the veteran's multiple disabilities, including bipolar disorder and cervical spondylosis, render him permanently and totally unemployable, thus warranting a permanent and total disability rating for pension purposes.

The Board denied the veteran's claims for service connection due to lack of new and material evidence. The veteran was previously denied in March 1961, and no new evidence has been submitted since then.

The Board denied service connection for residuals of a spine injury with cervical spondylosis and DJD, and denied entitlement to service connection for carotid artery occlusion and residuals of a cerebrovascular accident (CVA). The decision was based on the lack of evidence showing any relationship between these conditions and service.

The veteran's service-connected traumatic arthritis of the lumbar spine, cervical spine, and right knee have been granted with respective evaluations of 20%, 10%, and 10% since January 1996. The claim for bilateral ulnar neuropathy was denied.

The Board denied the veteran's claims for increased evaluations and service connection, finding that his conditions did not warrant higher ratings or service connection based on a broken neck. The effective date of service connection was set at November 13, 1995.

The Board has remanded the case to consider whether new and material evidence has been submitted to reopen the veteran's claim for service connection for a cervical spine disability.

The Board's decision is being remanded to the RO for initial review and adjudication of the issue of eligibility for payment of attorney fees from past-due benefits.

The Board has granted a 20 percent rating for the veteran's degenerative disc disease of the cervical spine, finding that it is productive of no more than mild disability and moderate limitation of motion.

The Board dismissed the veteran's appeal due to a lack of timely filing of a substantive appeal for issues related to service connection.

The Board has granted the veteran's request for waiver of recovery of an overpayment of disability compensation in the amount of $2,403. The decision is based on the principle of equity and good conscience due to the veteran's current financial situation.

The Board denied service connection for neck pain, boils of the groin and arms, insomnia, tension headaches, and bronchial asthma due to an undiagnosed illness. The veteran's claims were not granted.

The Board found no evidence of current bilateral shoulder or cervical spine disabilities and thus denied service connection for these conditions.

The Board denied the veteran's claims for service connection and rating of her bilateral plantar fasciitis, finding that a noncompensable rating was appropriate based on the criteria set forth in Diagnostic Code 5279.