Neck / cervical spine decisions — 2002

The Board has determined that the veteran's current thoracic and cervical spine disorders, including radiculopathy, degenerative disc disease, and bilateral shoulder pain, are not related to service. The claims for service connection have been denied.

The Board has granted a 20 percent rating for the veteran's cervical fusion C1-C3, effective September 1, 1990. The ratings for residuals of a fractured left clavicle and lacerated right thumb remain at 10 percent each.

The Board denied the veteran's claim for compensation benefits for a cervical spine disorder, finding that there was no causal connection between his treatment at VA hospitals and his current disability.

The Board has determined that the veteran's service-connected degenerative arthritis of the cervical spine does not warrant a rating higher than the currently assigned 20 percent, as there is no evidence of severe limitation of motion.

The Board has granted increased ratings for the veteran's service-connected left shoulder disability and cervical spine disability, but denied an increase in rating for his neck scarring.

The veteran's cervical spine disability is rated at 10 percent, tension headaches are rated at 10 percent, tinnitus is rated at the maximum schedular evaluation available, and bilateral hearing loss does not meet criteria for a compensable rating. Service connection was established for obstructive sleep apnea, right carpal tunnel syndrome, and multiple sclerosis (MS). The veteran's service-connected disabilities preclude him from securing and following any form of substantially gainful employment.

The Board has granted service connection for the veteran's claimed low back pain and cervical spine disorder, finding that these conditions are likely due to injuries sustained during military service.

The Board has granted a reduction in the veteran's disability evaluation for degenerative disc disease of the cervical spine from 40 percent to 30 percent, effective April 2000. The veteran's claim for increased ratings for his cervical and lumbar spine disabilities was denied, as were his TDIU claims.

The Board has granted service connection for a low back disability and a neck disability, finding that the veteran's current disabilities are related to an accident he experienced in August 1973 while on active duty.

The Board denied the veteran's claims for service connection for ulcer disease and a neck disability, as well as his applications to reopen previously denied claims for residuals of pneumonia including chronic lung disease, a sinus disability, residuals of rheumatic fever including cardiac disease, disability of the ankles, arthritis of multiple joints including rheumatoid arthritis, a back disability, a disability of the legs, a right foot disability, and a right shoulder disability. The Board found that new and material evidence had not been submitted to reopen these claims.

The Board denied the appellant's request for apportionment of her husband's nonservice-connected pension benefits, finding that she did not meet the criteria for dependency and that such apportionment would cause undue hardship to her estranged husband.

The Board denied entitlement to increased ratings for degenerative joint disease in the left knee and cervical spine, finding that the evidence did not meet the criteria for a compensable rating based on limitation of motion.

The Board found that the veteran's neck disability was not incurred as a result of an essential activity or function within the scope of VA treatment and denied compensation benefits under 38 U.S.C.A. § 1151.

The Board granted service connection for a cervical spine disability and assigned an initial noncompensable evaluation, which was later increased to 10 percent.

The Board found that the veteran's current cervical spine strain and hip injury residuals are not related to her military service.

The Board has determined that the veteran's claims for increased disability evaluations for residuals of a head injury with headaches, cervical spine, and lumbar spine disabilities are not supported by the evidence of record.

The Board has determined that the veteran does not have a current disability of either her cervical spine or right shoulder, and thus service connection for these conditions is denied.

The Board has granted a 20 percent evaluation for the service-connected post-operative residuals of decompression of the right shoulder and degenerative arthritis of the cervical spine, effective as of May 1997. The claim for a compensable rating for the service-connected residuals of a sprain of the right wrist remains denied.

The Board has determined that the reduction in the veteran's improved disability pension due to receipt of retroactive disability compensation was proper, and thus denied his appeal.

The Board denied the veteran's claim for an effective date earlier than August 25, 2000 for the award of a total rating based on individual unemployability due to service-connected disabilities. The criteria for assignment of such an effective date were not met.