Neck / cervical spine decisions — 2002

The Board found that the veteran's overpayment of VA benefits was not against equity and good conscience, as his fault in creating the debt contributed to its creation. Recovery would not defeat the purpose of his compensation benefits, nor result in unjust enrichment or relinquishment of valuable rights.

The Board found no convincing evidence to show that the appellant currently has a neck disability related to disease or injury incurred in active duty for training (ACDUTRA).

The Board of Veterans' Appeals has determined that the veteran does not have cervical cancer due to military service and therefore denied her claim for service connection.

The Board has reopened the veteran's claim and found that new evidence supports a connection between his current neck and head pain and his service, specifically his boxing activities. The Board concluded that these conditions are related to his in-service injuries.

The Board has found new and material evidence to reopen the veteran's claim for service connection of a cervical spine disorder, which is now considered. The opinion from Dr. K. links the current disability to an injury sustained during active service.

The veteran's left ankle sprain was granted an initial compensable evaluation of 10 percent. The cervical strain from June 22, 1994 to November 24, 1997 was also granted a compensable evaluation of 10 percent. On and after November 25, 1997, the veteran's cervical strain received an increased evaluation of 30 percent.

The veteran's claim for an earlier effective date for special monthly pension benefits was denied, and his service connection claim for Morton's neuroma of the feet was also denied. The Board found that there was no evidence to support a need for aid and attendance or service connection.

The veteran's claims for increased evaluations of her service-connected degenerative disc disease of the cervical spine and lumbar spine have been denied. The cervical spine disorder is rated at 10 percent from October 21, 1992 to July 18, 1999; 20 percent from July 19, 1999 to February 2, 2000; and 40 percent beginning on February 3, 2000. The lumbar spine disorder is rated at 10 percent.

The veteran's degenerative disc disease, cervical spine injury residuals is rated at 40 percent disabling. The court of service connection for his shoulder condition was granted.

The Board found that the veteran did not develop chronic disabilities as a result of service and denied all claims. The appeals for reopening previously denied claims were also denied.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or at the housebound rate.

The Board denied the veteran's claims for service connection for various conditions, including PTSD, headaches, a cervical spine disorder, and left leg and right eye disorders. The decision found that new evidence did not reopen the claim for a psychiatric condition (other than PTSD), and that none of the other conditions were incurred in or aggravated by service.

The Board found that the veteran's preexisting cervical and lumbar spine disabilities with degenerative disc disease were not aggravated by active service.

The veteran's service-connected knee and back conditions have been granted increased ratings, effective March 17, 1998. Service connection for cholecystectomy has also been established.

The Board has granted service connection for left foot pain, hyperthyroidism, gastrointestinal problems, and cervical spine disability. The veteran's claims were reopened on the basis of new evidence.

The Board has determined that the veteran's service-connected degenerative disc disease of the cervical spine, with associated radiculopathy of the upper extremities, warrants a rating of 40 percent.

The veteran's service-connected left knee, cervical spine arthritis, and degenerative joint disease of the lumbar spine are all rated at their maximum levels. The veteran is also granted a TDIU based on his service-connected disabilities.

The Board denied the veteran's claims for service connection for arthritis of the cervical spine and residuals of a nasal fracture with a deviated septum, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities. The decision found that there was no evidence linking these conditions to service.

The Board found that the reduction from a 40% to a 20% rating for cervical spine disability was not in accordance with the law and granted restoration of the original 40% rating.

The veteran's claim for a TDIU was denied by the Board, and her appeal to the Court resulted in remand. The case is now being referred back to the RO for further development of her increased rating claim for cervical spine disability before adjudicating her TDIU claim.