Neck / cervical spine decisions — 2001

The Board has reopened the veteran's claim for service connection for residuals of a cervical spine injury due to new and material evidence submitted since the October 1994 decision.

The Board denied the veteran's claims for service connection for bilateral hearing loss and cervical spondylosis with complaints of shoulder pain, as well as his requests for higher initial disability ratings for degenerative changes of the right great toe and residuals of a fracture of the left fifth toe.

The Board denied the veteran's claims for service connection for cardiovascular disease (including hypercholesterolemia) and arthritis of the cervical spine. The appeal was remanded to issue a statement of the case regarding his other claims, including increased ratings for hearing loss, ulcer/irritable bowel syndrome, epididymitis, and prostatitis with urethral stricture.

The Board has remanded the case for additional development due to a change in the law regarding veterans' claims assistance.

The Board finds that the veteran's cervical spondylosis and residuals of a neck injury are related to service, granting service connection.

The Board found that the termination of the veteran's fee-basis outpatient treatment arrangement was proper due to his frequent and numerous visits to VA medical facilities, which demonstrated their geographical accessibility.

The veteran is seeking to reopen his claim for service connection for cervical and shoulder disability. The RO has requested additional information from the U.S. Coast Guard regarding their actions in evaluating the veteran's disabilities.

The Board found that the veteran's claim for a total disability rating based upon individual unemployability was not warranted earlier than March 7, 1995.

The veteran's claims for service connection were denied as the conditions are not shown to be related to military service.

The veteran's tinnitus was granted service connection, but his cervical spine and low back disorders were denied. The right shoulder disorder claim is pending as new evidence has been submitted.

The Board has reopened the claim for service connection of cervical spine disability and granted it. The initial rating for low back pain remains unchanged, but the appeal regarding thoracic spine disability is still pending.

The Board found that the veteran's current cervical and lumbar spine disorder is not medically shown to be the result of any incident of his active military service, thus denying his claim for service connection.

The Board finds that the veteran's cervical spine arthritis and thoracic spine degenerative disease are related to his service, as evidenced by in-service symptoms and subsequent clinical findings.

The Board denied the veteran's claims for increased evaluations of her service-connected disabilities, including dry eyes with keratitis, hypertension, headaches, bronchitis, and sinusitis and allergic rhinitis.

The Board has denied the appellant's claims for higher evaluations for his low back disorder, left ulnar nerve neuropathy, migraine headaches, and mood disorder with major depressive features. The claim of service connection for a cervical spine disorder is pending. The appellant's irritable bowel syndrome and gastroesophageal reflux disease have not been granted a compensable evaluation.

The veteran's service-connected cervical and thoracic spine disabilities have been granted ratings of 20 percent and 10 percent, respectively, effective from June 2, 1998.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for neck and right shoulder disabilities. The issue is now remanded for further development.

For the period from October 9, 1992 to April 21, 1995, the veteran's lumbar spine disability was rated at 20 percent.,From April 22, 1995 to October 21, 1996, a 40 percent rating for the lumbar spine disability was granted.,For the period beginning October 22, 1996, a 30 percent rating for the cervical spine disability was assigned.,Since April 18, 2000, the veteran has been rated at 10 percent for his cervical spine disability.

The Board has determined that the veteran's degenerative disc disease of the cervical spine was not incurred in or aggravated by active service and is not related to a service-connected disability. The right shoulder injury residuals are currently manifested but do not warrant an increased rating.

The veteran's claim for reflex sympathetic dystrophy was denied. The claims for service connection for right and left knee disorders, PTSD, and a back disorder were also denied.