Neck / cervical spine decisions — 2001

The Board has granted a 30 percent rating for the veteran's service-connected traumatic arthritis of the cervical spine, which is the maximum schedular rating provided under Diagnostic Code 5290.

The Board denied the veteran's claims for a compensable evaluation for his right hip condition and an evaluation in excess of 10 percent for his degenerative disc disease of the lumbar spine. The evidence did not support higher ratings under applicable diagnostic codes.

The veteran's claims for service connection for left shoulder, left knee, and neck disabilities are being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The veteran's service-connected cervical strain with myalgia is granted a rating in excess of 30 percent, and his additional service-connected degenerative joint disease, spondylosis, and foraminal stenosis of the cervical spine with radiculopathy are found to be directly related to service.

The veteran's appeal for service connection on multiple issues was denied. The cervical spine fracture at C3-4 is rated as noncompensable, and the veteran's other claims were not well-grounded.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the severity of the veteran's lumbosacral sprain and to provide an opinion on the etiology of any cervical spine disorder found.

The veteran's claim for an earlier effective date for the reinstatement of his compensation benefits was denied as there is no legal basis to award such a date prior to June 1, 1998.

The Board denied the veteran's claims for an increased evaluation for his service-connected gunshot wound of the left arm and shoulder, and service connection for degenerative joint disease (DJD) of both shoulders and the cervical spine as secondary to that disability.

The veteran's anxiety neurosis is currently rated at 30 percent, and the Board has determined that this rating adequately reflects his current level of disability.

The veteran is in need of the regular aid and attendance of another person due to his left lower extremity weakness resulting from cervical and lumbosacral spine surgery. He qualifies for special monthly pension at the rate provided by 38 U.S.C.A. § 1521(d).

The Board has reopened the veteran's claim for service connection due to new and material evidence. The Board also found that a cervical spine disability, including degenerative arthritis and degenerative disc disease, was incurred during active service.

The Board has granted a 60% rating for the service-connected cervical spondylosis, status post fusion. The claim for an increased rating for tendonitis of the left elbow is denied.

The Board denied the veteran's claim for an increased rating for his cervical spine disorder, finding that the evidence did not support a higher evaluation. The issues of timely perfection of appeal regarding service-connected left and right knee disorders were also addressed.

The Board granted service connection for PTSD and assigned a 30 percent evaluation effective October 30, 1995. The veteran's earlier effective date claim was denied as the original claim was filed on October 30, 1995. The Board also found that an increased rating for PTSD is warranted.

The Board found that the veteran does not currently have a chronic acquired disorder of the cervical spine and denied his claim for service connection.

The Board has denied the appellant's claims for increased disability evaluation and total disability rating based on individual unemployability due to service-connected disabilities. The RO is instructed to obtain updated medical records, employment information, and conduct a VA social and industrial survey.

The veteran's claims for increased ratings for his service-connected lumbar strain, cervical spine injury, and fracture of the right little finger were denied by the RO. The RO continued the evaluations at 20%, 30%, and 0% respectively.

The Board has denied the veteran's claims for service connection for various conditions, including chronic malarial residuals, post-traumatic stress disorder, cervical spine disorders, dorsal (thoracic) spine disorders, left lower extremity disorders, chronic left ankle disorders, and chronic skin disorders. The RO was directed to verify the veteran's periods of active duty, active duty for training, and inactive duty for training with the Georgia Army National Guard and request all available service medical records associated with such duty.

The Board has determined that the veteran's service-connected degenerative arthritis of the cervical spine, status post decompressive laminectomy, warrants a disability evaluation in excess of 40 percent.

The Board has determined that the veteran's cervical spine disability warrants a 40 percent rating from September 18, 1991. The effective date of this rating is set as September 18, 1991.