Neck / cervical spine decisions — 2001

The Board has remanded the veteran's claims for increased ratings and extraschedular evaluations due to incomplete development of evidence, particularly regarding employment impact and neurological issues.

The Board denied service connection for a cervical spine condition, bilateral flat feet, bilateral hand condition, and bilateral wrist condition as not well grounded. The veteran's cervical spine injury is believed to have occurred due to a fall caused by his service-connected scoliosis of the lumbar spine.

The Board denied the veteran's claim for service connection for arthritis of the cervical spine, finding that it was not well-grounded.

The Board is remanding the case for further development to determine if additional disabilities, including diplopia and lower extremity function impairment, resulted from VA treatment for a herniated nucleus pulposus in July and August 1990.

The Board denied the veteran's claims for service connection for arthritis of the lumbar spine and degenerative joint disease of the cervical spine, as well as his claim for a total disability rating based on individual unemployability. The Board found that there was no evidence linking these conditions to service or showing they prevented the veteran from obtaining substantially gainful employment.

The Board has determined that the appellant's conditions have not significantly changed and that uniform ratings are appropriate. The current evaluations for his service-connected conditions remain unchanged.

The veteran's disabilities, including his service-connected right testicle injury with epididymitis and nonservice-connected degenerative disc disease of the lumbosacral spine and cervical spine, do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board denied the appellant's claims for increased ratings for his service-connected degenerative joint disease of the cervical spine and fibromyalgia, both currently evaluated at 20 percent.

The veteran's appeal is denied as his claims for service connection are not supported by the evidence of record.

The veteran's claim for a total disability rating for compensation based on individual unemployability was denied because there is no evidence that he was unable to secure or follow a substantially gainful occupation prior to June 10, 2000.

The Board has denied the veteran's claim for service connection for arthritis of the left shoulder, finding that it is not proximately due to or aggravated by his service-connected cervical and lumbar spine disabilities.

The Board denied the veteran's claims for increased ratings for her cervical spine, left hip scar, and neck scar disabilities. The veteran was not granted any higher initial ratings.

The Board has determined that the veteran's service-connected cervical spine disability does not warrant a rating in excess of 40 percent, and his right shoulder injury is currently rated at 20 percent. The claims are denied.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $827.00, finding that the debt was validly created due to the appellant's failure to notify VA of his divorce from his first wife.

The Board has granted service connection for adenitis, cervical, tuberculous, right unilateral, with cervical scar and assigned a noncompensable evaluation effective July 14, 1998. However, the veteran's representative requested an updated VA examination to assess the current severity of his disability.

The Board denied the veteran's claims for service connection for cervical, thoracic, and lumbar spine disabilities. The claim for an earlier effective date for a right shoulder disability was also denied.

The Board denied the veteran's claims of clear and unmistakable error (CUE) in a September 1998 rating decision that denied an increased rating for residuals of a burst compression-type fracture at C-7 and service connection for PTSD.

The veteran's combined non-service-connected disability rating is 60%, which meets the criteria for a permanent and total disability rating for pension purposes, as she is unable to engage in substantially gainful employment due to her lupus-related conditions.

The Board has determined that the veteran's cervical spine disability warrants a rating of 20 percent, and her lumbosacral strain disability warrants an increased rating to 20 percent. The reduction in the lumbosacral strain rating from 20% to 10% was proper.

The Board denied service connection for various disabilities, including a neck disability and pulmonary disability, as well as bilateral hip, ankle, shoulder, knee, and back disabilities. The decision found no evidence of these conditions during service or due to exposure to herbicide agents.