Neck / cervical spine decisions — 2001

The Board has denied the veteran's claims for service connection for low back, neck, and right knee disabilities as well as an increased evaluation for residuals of a fracture of the right femur.

The veteran's service connection for degenerative arthritis of the cervical spine and lumbar spine, as well as left elbow, is granted.

The Board granted increased evaluations for the veteran's cervical spine disability, with a 40% evaluation effective June 19, 2001.

The veteran's claim for special monthly pension based on the need for aid and attendance of another person or housebound status was denied as he does not meet the criteria for either benefit.

The Board has granted a 10 percent disability evaluation for the appellant's service-connected residuals of right ankle fracture and denied his claims for service connection for lumbar spine, cervical spine, bilateral knee, and left ankle disorders.

The Board has determined that the veteran's service-connected residuals of a fractured cervical spine warrant an increased evaluation to 30 percent, effective from when his claim was filed.

The veteran's motor vehicle accident injuries, including a cervical cord injury, were found to be the result of willful misconduct and therefore not eligible for pension benefits.

The Board found that the veteran's hypertension did not increase in severity during service and was therefore not aggravated by service. The right knee disability is currently rated at 20 percent, but the veteran contends an increase in severity warranting a higher rating.

The Board has determined that the veteran's current cervical spine disability developed during service and is therefore granted service connection.

The VA granted service connection for degenerative joint disease of the cervical spine and assigned a 10 percent disability rating, but denied service connection for a cyst on the right foot. The VA also increased the disability rating for the cervical spine from 10 to 30 percent effective October 1, 1995.

The Board denied the veteran's claims of service connection for a neck disability, left leg disability, and left arm disability due to lack of evidence linking these conditions to his military service.

The veteran is seeking service connection for a cervical spine disability that he contends is related to his service-connected low back disability. The Board has determined that additional development is needed due to changes in the law and will remand the case to the RO.

The Board has reopened the veteran's claim of service connection for degenerative arthritis of the hands, knees, and spine due to new evidence submitted. The case is being remanded for further development including obtaining treatment records from Dr. Durham and scheduling a VA examination.

The veteran's claim for service connection is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The veteran's service-connected cervical and lumbar spine disabilities have been rated as noncompensable, with no evidence of higher ratings due to additional disability or symptomatology.

The Board has determined that the veteran is unemployable due to multiple disabilities, including chronic lumbar syndrome and degenerative joint disease. The evidence shows he suffers from a combination of conditions that prevent him from engaging in substantially gainful employment.