Neck / cervical spine decisions — 2001

The veteran's ankylosing spondylitis of the lumbosacral spine is rated at 40 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of the cervical spine is rated at 40 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of the thoracic spine is rated at 20 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of temporomandibular joints is rated at 30 percent, which is already the maximum schedular rating available.

The veteran's disabilities, including hypertension, degenerative joint disease of the cervical spine, and back strain with degenerative joint disease, do not meet the criteria for a permanent and total disability rating for pension purposes due to their combined effect.

The veteran's service-connected disabilities have been rated at 10% and 20% since December 16, 1987. The RO has increased the rating to 20% for his lumbar spine and right hip injury residuals with secondary degenerative disc disease of L4-5 and L5-S1 effective from September 24, 1996.

The Board has granted increased ratings for the veteran's service-connected cervical spine and thoracic spine disabilities, with a 60 percent rating effective from April 12, 1999, for the lumbar spine disability.

The Board has determined that the veteran's current right knee and cervical spine disorders were incurred during service. Service connection is granted for these conditions.

The Board found that the veteran's multiple joint pain and depression were not incurred in service or due to an undiagnosed illness. Service connection was denied for both conditions.

The Board has determined that the veteran's claim for service connection for a major depressive disorder should have been granted effective from March 7, 1997. The award of a total disability rating based on individual unemployability is also effective as of March 30, 1997.

The veteran's claims for increased ratings and service connection were denied. The veteran was already receiving a 30 percent evaluation for his neck condition, but the RO found no basis to increase this rating. For the left scapular region with retained foreign bodies, muscle group I, the RO assigned a 10 percent evaluation effective from July 1964.

The Board has determined that the veteran's cervical laminectomy residuals are secondary to his service-connected bilateral pes planus.

The Board denied increased ratings for residuals of a fracture of the C-2 vertebra with degenerative disc disease of the cervical spine, numbness of the left hand, and numbness of the left facial nerve, maxillary branch due to failure to report for scheduled VA examinations.

The Board has determined that the veteran's service-connected residuals of a cervical spine injury warrant a 60 percent evaluation since March 23, 1995.

The Board denied the veteran's claims for increased evaluations for his service-connected cervical, dorsal, and lumbar spine conditions as well as his PUD. The diagnoses did not support higher ratings under applicable diagnostic codes.

The veteran's weight gain is service-connected as secondary to her service-connected amenorrhea. However, the joint pain and muscle pain in the left shoulder and cervical spine are not service-connected due to an undiagnosed illness.

The Board has determined that the veteran's testimony of in-service surgical procedures and current symptomatology provides sufficient evidence to grant service connection for an incisional scar on his abdomen. The cervical spine disability is also granted, with a determination made based on credible testimony and medical evidence.

The Board has denied the veteran's claims for service connection for left arm, left shoulder, neck, and low back disabilities based on a finding that they were not well-grounded.

The Board found that the veteran's cervical spine and psychiatric disorders are not at least as likely as not related to his period of active service.

The Board has determined that the veteran's calcific tendinitis of the bilateral elbows and acquired cervical spine disorder are related to his active duty service.

The veteran's service-connected degenerative disc disease of the cervical and thoracic spine is rated at 60 percent, which is the maximum rating allowed under Diagnostic Code 5293.

The Board has granted service connection for a cervical spine disorder, migraine headaches, and thoracic impingement syndrome. The veteran's left scapula myofascial syndrome is currently rated at 10 percent since January 1993, and her bilateral hearing loss remains noncompensable.

The veteran died of a ruptured abdominal aneurysm. The Board found that the cause of death was not service-connected and denied DIC benefits under 38 U.S.C.A. § 1318.