Neck / cervical spine decisions — 2002

The Board denied service connection for low back and cervical spine disorders, acquired psychiatric disorder, cardiovascular disorder, and irritable bowel syndrome. The veteran's claims were based on direct evidence rather than a presumption or secondary service connection.

The Board has denied the veteran's claims for service connection for various conditions, including cervical spine disorder, back disorder, bilateral shoulder disorder, tinnitus, rhinitis, otitis media, and residuals of tonsillectomy. The arthritis of the knees is separately rated at 10 percent.

The Board has determined that the veteran is entitled to service connection for residuals of an injury to her cervical spine, including headaches. The evidence supports a finding that these conditions are due to her fall while on active duty in June 1987.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of service connection for low back and cervical spine disorders.

The veteran's claim for service connection for a cervical spine disorder is granted as there is credible evidence of an injury in service and current diagnosis. The claim for service connection for dizziness is denied due to lack of diagnosed disease entity.

The Board finds that the veteran's claim for service connection for residuals of a cervical spine injury is denied as there is no competent evidence showing an in-service motor vehicle accident and neck injury, nor does it establish a nexus between his current disability and service.

The veteran's cervical and lumbar spine disabilities have been rated at 20 percent since March 1, 1994. The Board found that the evidence does not support a higher rating based on the severity of the conditions.

The veteran's service-connected disabilities, including Raynaud's disease and rheumatoid arthritis of the cervical spine, right shoulder, and left shoulder, are found to be severe enough to prevent him from securing or following a substantially gainful occupation.

The veteran's postoperative residuals of cervical spine injury and surgery are productive of severe impairment and a demonstrable vertebral deformity, warranting a 50 percent rating.

The Board found no evidence of a chronic condition in service and insufficient competent medical evidence to support the veteran's assertions that his current symptoms are related to service. The claim for service connection was denied.

The Board denied the veteran's claim for service connection for cause of death, finding that there was no evidence linking his squamous cell carcinoma and liver metastases to his military service.

The Board has determined that the veteran's claim of service connection for lumbosacral strain was denied in February 1984 and no new and material evidence has been received to reopen this claim. The other issues on appeal have not been decided.

The Board denied the appellant's claims for an earlier effective date and for clear and unmistakable error in a prior rating decision. The veteran did not have pending claims at the time of his death for these issues.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection on a direct basis for cervical spine disability, numbness of the hands, lumbar spine disability, and thoracic spine disability. The appeals are granted.

The Board denied the veteran's claim of service connection for a back disorder, finding that his current symptoms are due to a pre-existing condition and not related to his military service.

The Board denied secondary service connection for a cervical spine disorder, finding that the veteran's current cervical spine disability began many years after service and was not caused or worsened by his service-connected dorsolumbar strain with arthritis.

The Board found that the veteran's cervical spine disorder was not incurred in or aggravated by service, nor is it otherwise related to a service-connected condition. The temporary total convalescent rating claim was also denied as there was no evidence of required convalescence for a service-connected condition.

The veteran's service-connected shoulder, cervical spine, and elbow disabilities were granted initial evaluations.,From January 3, 1995, to February 4, 1998, the veteran was awarded separate evaluations for his right shoulder (20%), left shoulder (20%), cervical spine (10%), and bilateral elbows (10%) conditions.

The Board has granted effective dates of August 23, 1999 for the grants of a 20% rating for lumbosacral spine strain and cervical spine strain.

The Board has granted an initial 10 percent disability rating for the veteran's service-connected cervical spondylosis with radiculopathy, effective March 1, 1992.