Neck / cervical spine decisions — 2002

The Board has determined that the veteran's right hip, low back, left knee, and right knee disabilities do not warrant a rating in excess of 10 percent under any applicable diagnostic codes.

The Board denied the veteran's claim for an earlier effective date for TDIU, finding that it was not factually ascertainable prior to August 3, 2000, that he was unemployable due to service-connected disabilities alone.

The Board denied the veteran's claim for a rating in excess of 40 percent for discogenic disease of the cervical spine with nerve involvement, finding that his disability did not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.

The Board denied the veteran's claims for increased evaluations for her cervical spine disorder and headaches, finding that the evidence did not support a higher evaluation.

The RO denied service connection for additional back pathology and granted an increased rating for low back strain, but the veteran is seeking a higher rating and earlier effective date.

The Board denied the veteran's claim for compensation under 38 U.S.C. § 1151 for a neck disability due to surgery during VA hospitalization from April to May 1990, finding that there was no evidence of an additional disability incurred or aggravated as a result of this treatment.

The Board found that the veteran's left knee and cervical spine disorders were not related to his service-connected right knee disability, and thus denied both claims.

The Board of Veterans' Appeals has determined that the veteran's cervical spine, low back, and left shoulder disorders were not incurred or aggravated by active military service. The claim for myofascial syndrome was denied as there is no current chronic disability.

The Board has determined that the veteran did not file a timely substantive appeal regarding his claim for an increased rating for hypertrophic arthritis of the cervical spine with right arm pain and degenerative disc disease. As such, the issue is dismissed due to lack of jurisdiction.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at North Florida Regional Medical Center on January 12, 2000, as there was no evidence that the treatment was an emergency and VA facilities were available.

The veteran's claim for vocational rehabilitation training under Chapter 31, Title 38, United States Code was denied because he did not have a service-connected disability rated at least 20 percent disabling. The Boise Regional Office later granted service connection for cervical and lumbar spine disabilities, but the veteran still does not meet the eligibility criteria as his combined rating is only 30 percent.

The VA denied the veteran's claim for service connection for degenerative disc disease of the cervical spine, finding that it was not incurred as a result of his service-connected residuals of a fusion for herniated nucleus pulposus of L5-S1 or any other incident of his active service.

The Board found that the veteran does not have generalized arthritis related to his period of service or caused by his service-connected disabilities.

The Board has determined that the veteran's cervical arthritis was not incurred or aggravated during service and is not due to his service-connected residuals of a shell fragment wound. The claim for secondary service connection for arthritis of the cervical spine is denied.

The Board denied the veteran's claim for service connection for cause of death due to a lack of evidence linking his cancer, which caused his death, to his period of active military service or exposure to Agent Orange during service. The appellant's contentions were not substantiated by the evidence of record.

The veteran's claim for an increased evaluation of his cervical spine disability and service connection for depression secondary to the disability are being remanded due to scheduling issues.

The Board found that the veteran does not have a chronic disability due to recurrent episodic vaginitis or other gynecological symptomatology noted during service, and therefore denied her claim for service connection.

The Board denied the veteran's claim for compensation benefits for the residuals of a cervical spine injury sustained at a VA facility on October 10, 1978, pursuant to 38 U.S.C.A. § 1151 due to lack of new and material evidence.

The veteran's claims for increased ratings for his service-connected hypertrophic arthritis of the lumbar spine, cervical spine, and sacroiliac and hips joints were denied. The RO assigned noncompensable evaluations for the hip condition.

The Board has determined that the appellant's claims for service connection for cervical dysplasia, temporomandibular joint syndrome (TMJ syndrome), residuals of trauma to tooth number 31, and periodontal disease and broken and loose crowns are denied as there is no evidence of a current disability or in-service injury related to these conditions.