Neck / cervical spine decisions — 2001

The Board has determined that there is no new and material evidence to reopen the claim of service connection for residuals of a head injury. The veteran's claims for neck or cervical disc injury, back injury, and back scars are denied as not established by the evidence of record.

The Board has granted a higher rating of 50 percent for cluster headaches and denied the claim for a higher rating for cervical spine disorder.

The Board has granted increased ratings of 20 percent for osteoarthritis of the cervical spine and 10 percent for osteoarthritis of the lumbosacral spine, effective from September 1, 1991.

The veteran's cervical spine disability is not currently diagnosed. The Board denied service connection for a cervical spine disability and denied increased ratings for his right shoulder disability (with the highest possible rating of 10%) and low back disability.

The VA denied the veteran's claim for service connection of a cervical spine disorder, concluding that there is no evidence linking his current condition to his military service.

The veteran's appeal was dismissed due to the lack of an adequate substantive appeal.

The VA has denied the veteran's claims for increased ratings for his cervical spine disability and left upper extremity disability, finding that the current evaluations adequately reflect the severity of his conditions.

The Board finds that the veteran's service-connected cervical cauterization with cervicitis does not result in any of her other diagnosed conditions, and therefore a compensable evaluation is denied. The Board also notes that new evidence has reopened her claim for service connection for these conditions.

The Board has determined that the appellant's claimed conditions are not service-connected due to lack of evidence supporting a link between his current disabilities and his military service.

The Board has decided to consider both direct service connection and secondary service connection for the veteran's cervical degenerative disc disease. The claim is currently in a 'mixed' disposition, meaning some issues have been granted while others have not.

The Board denied the claims for service connection for hypertensive cardiovascular disease, degenerative joint disease of cervical spine, and stomach disorder for the purpose of accrued benefits due to lack of new and material evidence.

The Board has determined that the veteran's claim for direct service connection for a cervical spine disability is being reopened due to new and material evidence. The case will be reviewed on its merits, including obtaining additional medical records and scheduling an examination.

The veteran's lumbar spine disability, organic mental disorder, left seventh cranial nerve disability, loss of sense of smell, and head, neck and facial scars are all currently rated at their maximum levels. The cervical spine disability with limitation of motion is granted a 20% rating.

The Board has determined that the veteran's degenerative joint disease of the cervical spine was not incurred in or aggravated by service and is not related to a service-connected condition. As such, the claim for service connection is denied.

The veteran's service-connected disabilities do not require a program of vocational rehabilitation under chapter 31, as his education and work experience are sufficient to find suitable employment.

The veteran's claim for an earlier effective date for a total disability evaluation based on individual unemployability due to service-connected disabilities is denied as there was no evidence of unemployability prior to May 2, 1996.

The veteran's cervical myelopathy is determined to be the result of a March 1996 tetanus injection administered by VA, and compensation benefits are granted.

The Board denied increased ratings for lumbosacral strain with traumatic degenerative joint disease and cervical strain with traumatic degenerative joint disease, finding that the evidence did not meet the criteria for a higher rating.

The Board has granted a 10 percent disability evaluation for degenerative changes of the cervical spine, effective from when this decision is issued. The left shoulder bursitis and right shoulder bursitis have been rated as noncompensable due to lack of limitation of motion or x-ray evidence of arthritis.