Neck / cervical spine decisions — 2001

The Board has determined that the appellant did not submit an adequate substantive appeal regarding his claim for service connection for a cervical spine disability to include trapezius spasm, and therefore lacks jurisdiction to consider this issue.

The Board has granted increased evaluations for the veteran's dysthymic disorder and cervical spine disorder, but denied service connection for a skin rash. The initial evaluation of duodenitis remains at 10 percent.

The Board found that the veteran's service-connected cervical and lumbar spine strain did not warrant a compensable evaluation, as there were no objective findings of significant disability. For Graves' disease, the Board determined that the condition was stable with controlled medication, without any thyroid gland dysfunction or other adverse symptomatology.

The Board found that the veteran's service-connected cervical strain with headaches is currently evaluated at 20 percent, which is the maximum schedular evaluation under Diagnostic Code 5293. The claim for increased rating of low back pain was remanded due to the need for an etiological opinion regarding the relationship between his service-connected low back pain and nonservice-connected DDD.

The Board has granted a 30 percent evaluation for the veteran's arthritis of the cervical spine effective February 29, 2000.

The Board has remanded the case due to a significant change in the law and incomplete development of evidence. The veteran's claim for an increased rating for his service-connected arthritis, including glaucoma secondary to diabetes mellitus, is pending.

The Board has denied the veteran's claims for service connection for compound hyperopic astigmatism, somatic dysfunction of the cervical, thoracic and lumbar spine, bronchial pneumonia, and macular degeneration with early cataracts.

The Board has determined that the veteran's cervical spine disability was not incurred in service and is not related to his service-connected disabilities.,The veteran's multiple shell fragment wound scars have been evaluated as 10 percent disabling, which is the maximum schedular evaluation available under Diagnostic Code 7804.

The Board has determined that the veteran's service connection claim for residuals of status post C5-C6 anterior cervical diskectomy fusion with left iliac graft is granted. However, her request to reopen a claim for lumbar spine injuries was denied as no new and material evidence was submitted.

The Board has reopened the veteran's claim for service connection for residuals of a back injury, finding that new and material evidence has been submitted. The issue is now on its merits.

The Board has granted service connection for maxillary sinusitis and the veteran's bilateral wrist condition (carpal tunnel syndrome). The issue of service connection for inguinal hernia remains unresolved.

The veteran's claims for service connection for a cervical spine disorder and an increased rating for residuals of a sacroiliac injury are pending. The RO denied the veteran's claim for service connection, but granted him a 20 percent disability rating for his existing condition.

The Board found that the veteran's right knee instability, lumbar strain, and degenerative arthritis of the cervical spine do not warrant evaluations in excess of the currently assigned 10 percent ratings.

The Board has denied the veteran's claims for an increased evaluation for pulmonary tuberculosis and service connection for a cervical spine disability, finding that there is no nexus between his current disabilities and his military service.

The Board has determined that the veteran's claims for increased ratings for chronic left ankle sprains and chronic cervical strain with headaches are denied as there is no evidence to support a higher rating based on current symptoms.

The Board has denied the veteran's claim for a higher rating for allergic asthmatic bronchitis, as it does not meet the criteria for a higher evaluation under either the old or new VA rating criteria. The issues of evaluating cervical and lumbar spine myositis are deferred pending adjudication of service connection for cervical and lumbar disc disorders.

The Board has granted service connection for chronic lumbar strain and chronic cervical strain, but denied a compensable rating for residuals of a left hand fracture.

The Board denied service connection for the cause of the veteran's death and eligibility to Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for osteoarthritis of the cervical spine. Additional development is required to determine if the veteran's current condition was incurred in or aggravated by active service.

The Board has remanded the veteran's claims for compensation pursuant to 38 U.S.C. § 1151 for right shoulder and cervical spine disabilities due to a significant change in the law brought about by the Veterans Claims Assistance Act of 2000.