Neck / cervical spine decisions — 2002

The Board denied the veteran's claims for service connection for allergic rhinitis, bronchial asthma, hypertensive cardiovascular disease, and cervical spine arthritis due to a lack of evidence linking these conditions to his military service.

The veteran's disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board has granted service connection for chronic cervical strain and tendonitis of the right shoulder, finding that these conditions are attributable to service.

The Board denied the veteran's claim of entitlement to service connection for a chronic cervical spine disability, including C-7 burst-type fracture residuals with quadriplegia. The Board concluded that the current cervical spine disability did not originate during service.

The Board found no evidence of a causal relationship between the veteran's service-connected right foot pyogenic arthritis and his claimed shoulder, hands, hips, cervical spine, and low back disorders. The claim for secondary service connection was denied.

The veteran's appeal was denied for reimbursement of unauthorized medical services provided from April 7 to 22, 1999. The issue does not involve service connection.

The Board found that the veteran's psychiatric and neck disabilities did not meet the criteria for service connection as they were either pre-existing or not related to military service.

The Board denied the veteran's claims for increased ratings for his cervical spine disorder, lumbosacral strain, and shin splints of both legs.

The Board found that the October 3, 1978 and March 13, 1979 rating decisions denying a total disability rating based on individual unemployability were not clearly and unmistakably erroneous.

The Board determined that the veteran's substantive appeal was not timely filed, and thus denied her claim.

The veteran's appeal is remanded due to the need for additional development, including obtaining recent medical records and a VA examination to assess his cervical spine disability.

The Board has determined that the veteran's cervical spine disability, including arthritis, was not incurred in or aggravated by his active military service.,Service connection for schizoid personality disorder may not be established as a matter of law.

The veteran's service-connected cervical spine fracture of the C5 vertebral body, with residual deformity and secondary headaches, is rated at 40 percent effective November 24, 2000. Prior to this date, a rating in excess of 30 percent was granted.

The veteran's nonservice-connected disabilities, including his right eye disorder and degenerative joint diseases of the lumbar and cervical spines, prevent him from working. However, he is not found to be permanently and totally disabled due to these conditions.

The veteran's claim for service connection for gout was not addressed. The RO denied the claim for hypertension in February 1996 and the veteran did not appeal this decision. Service connection for degenerative joint disease of the left knee was granted with a 10 percent rating effective June 26, 1984. The issue of service connection for degenerative joint disease of the right knee remains pending.

The Board denied service connection for a cervical spine disability and denied entitlement to an evaluation in excess of 40 percent for residuals of a right total knee arthroplasty. The issue of entitlement to a total rating based on individual unemployability was also addressed.

The veteran's headaches are currently rated as 10%, and his cervical spine disability is rated at 10%. The lumbosacral strain with diffuse degenerative changes has been increased to 40% since May 4, 1998. However, the headaches have not met criteria for a higher rating prior to September 23, 2000.

The Board found that new and material evidence had not been submitted to reopen the claims of service connection for bipolar disorder and chronic cervical spine disability, resulting in a denial.

The Board has determined that the veteran's myofascial and low back pain, currently rated at 20 percent disabling, warrants a higher evaluation of 40 percent due to severe limitation of motion. The cervical strain is also rated at 20 percent.

The Board denied increased evaluations for the veteran's service-connected cervical spine, left shoulder, and right wrist disabilities. The RO had previously granted these conditions with specific disability ratings.