Neck / cervical spine decisions — 2002

The Board denied the veteran's claims for service connection for cervical spine and low back disabilities, finding no new and material evidence to reopen them.

The Board has determined that the veteran's cervical spondylosis warrants a 10 percent disability rating, and his tendinitis of both shoulders warrant increased ratings to 20 percent each.

The Board has found new and material evidence to reopen the veteran's claim of service connection for left paracervical and left trapezius muscle strain with spondylosis at C4 and C7, but additional development is needed before deciding on the merits.

The Board denied service connection for low back disability and arthritis of the cervical spine as secondary to service connected uninhibited neurogenic bladder.

The veteran's claims for increased ratings and service connection were generally granted, with some issues receiving specific evaluations.

The veteran's nonservice-connected disabilities do not render him unable to care for his daily personal needs without assistance from others or unable to protect himself from the hazards and dangers of daily living on a regular basis. His combined schedular evaluation is 90 percent, which does not meet the criteria for special monthly pension based on need for aid and attendance.

The veteran's cervicogenic headache syndrome is rated at 30 percent, gastritis with gastroesophageal reflux at 10 percent, and degenerative changes of the thoracic spine and cervical disc disease are each rated at 40 percent effective from August 24, 1999.

The Board has found new and material evidence sufficient to reopen the veteran's claims for service connection for cervical spine disability and hearing loss. The veteran's cervical spine disability is deemed incurred during active military service, while his hearing loss may also be related to service.

The Board has determined that the veteran's service-connected disabilities render him unable to tend to basic self-care functions without regular assistance from another person, meeting the criteria for special monthly compensation based on need for aid and attendance.

The Board denied both the veteran's increased evaluation for his lumbar spine disorder and a total rating for compensation purposes based on individual unemployability.

The Board has denied the veteran's claims for service connection for a back disorder, flat feet, and a skin disorder. The evidence does not support these claims.

The veteran's service-connected lumbosacral strain and cervical strain are both rated at the maximum allowable under VA guidelines. The claims for right shoulder, left hip, and headaches disorders were denied as there is no evidence of a direct connection to his military service.

The veteran's request for an increased rating for low back strain was denied as his disability does not meet the criteria for a higher evaluation. The veteran's entitlement to nonservice-connected pension benefits was also denied due to his inability to secure and follow substantial gainful employment.

The Board denied the veteran's claim to reopen his service connection for a back or neck disability due to lack of new and material evidence, despite the submission of recent medical records.

The veteran's claims for increased ratings for cervical spine and low back disabilities have been denied as the evidence does not support a rating in excess of the current evaluations.

The veteran's claims for increased ratings for his cervical and thoracic spine conditions, as well as his bilateral shoulder disorders, were granted with a 10 percent rating assigned for each condition.

The veteran is seeking compensation benefits under the provisions of 38 U.S.C. � 1151 for various disabilities and adverse symptomology as a result of treatment received at the Martinsburg VA Medical Center from February 1998 to August 2001. The claims are denied due to lack of specific evidence regarding increased severity, causation by VA fault, or unforeseeable events.

The veteran's service-connected left thoracic outlet syndrome with cervical lordosis and left brachial plexus involvement affecting the left arm is currently rated at 30 percent, which is the maximum schedular evaluation available under VA guidelines. The evidence does not support a higher rating.

The Board has denied the veteran's claims of entitlement to service connection for lumbar spine and cervical spine degenerative joint disease, as well as the evaluation assigned for his PTSD.

The Board has denied the veteran's claims for service connection for multiple sclerosis and an increased rating for cervical spine disorder. The case is remanded for further development.