Neck / cervical spine decisions — 2002

The veteran's claim for service connection for a neck disability is denied as there is no evidence of current or past medical records indicating the presence of such a condition.

The Board has determined that the veteran's submission of a VA Form 9 to the Board in September 1999 constituted a timely substantive appeal as to his claim for a compensable evaluation for service-connected degenerative joint disease of the lumbar spine. The issues regarding cervical spine, thoracotomy with excision of tuberculoma right lung, and tender scar are still pending.

The Board has granted service connection for a right knee disorder, cervical spine disorder, and lumbar spine disorder. Service connection was denied for a heart disorder.

The veteran's claims for service connection for head injury with headaches, blepharoconjunctivitis, prostatitis and epididymitis, and left ear otitis media were denied. The claim for service connection for osteoarthritis of the cervical spine was granted.

The Board found that the veteran's chronic cervical spine disability was not incurred in or aggravated by his active military service.

The veteran's lumbar spine disability is currently evaluated at 20 percent, and the Board finds that a higher evaluation is not warranted. The thoracic and cervical spine disabilities are each rated as noncompensable. The impingement syndrome of the right shoulder, GERD, and right ear hearing loss are all rated appropriately.

The Board finds that the veteran's cervical spine disability is not related to service and denies his claim for service connection. The issue of reopening a claim for bilateral knee disability was also denied.

The Board denied the claim of service connection for sinusitis and granted an increased rating of 30 percent for a cervical spine disorder. The propriety of the initial evaluation for PTSD was also addressed, but as noted in the decision summary, this issue has been resolved.

The veteran's claims for increased evaluation and service connection were denied. The Board found that the veteran did not meet the criteria for an increased rating for his pes planus, and that he did not have valley fever with pulmonary obstructive disease or any other condition related to military service.

The Board denied service connection for a cervical spine disorder and an increased rating for the lumbar spine disability, but granted an effective date of December 15, 1997 for the 40 percent rating.

The Board denied service connection for a bilateral knee disorder and an increased evaluation for cervical strain. The veteran's claim for total disability based on individual unemployability was also denied.

The Board denied the veteran's claims for an increased rating for cervical degenerative joint disease and a total disability rating based on individual unemployability.

The veteran's pre-existing left heel condition was aggravated by his military service. The Board granted service connection for the residuals of a left heel fracture on this basis. However, the veteran's claim for higher evaluations for his cervical spine disability prior to February 25, 1998, and since that date, were both denied.

The Board has reopened the veteran's claim for service connection of a cervical spine disability and found that new evidence submitted by the veteran is sufficient to reopen his previously denied claim.

The Board has granted a 40 percent rating for the veteran's service-connected low back disability, effective November 18, 2000. The claim for service connection for a cervical spine disorder was denied.

The Board denied service connection for generalized arthritic condition of multiple joints and the initial evaluations for degenerative disk disease at L4-5 and bilateral shoulder bursitis/tendonitis.

The Board denied service connection for bilateral defective hearing due to lack of evidence during or within one year post-service. The claim for degenerative disease of the cervical and dorsal spine was denied as new and material evidence did not support reopening the claim.

The veteran's post-traumatic osteoarthritis of the hips, knees, ankles, cervical and thoracic spine and left wrist is presumed to have been incurred in service due to his status as a former POW. The Board finds that he does not have post-traumatic osteoarthritis of the shoulders or elbows which was incurred in or aggravated during service.

The Board denied the veteran's claims for increased evaluations and effective dates, as well as her request to be represented by an attorney. The issues of service connection for a left ankle disability and entitlement to aid and attendance benefits were referred back to the RO.

The Board denied increased ratings for low back strain and cervical disc bulge at C3-7, finding that the evidence did not support a rating greater than 10 percent.