Neck / cervical spine decisions — 2002

The veteran's service-connected disabilities are of such severity as to preclude all forms of substantially gainful employment, and the Board has determined that he meets the criteria for a total disability rating based on individual unemployability.

The Board has granted service connection for a lumbosacral spine disorder and denied service connection for a cervical spine disorder. The veteran's bilateral hearing loss is rated at the maximum schedular evaluation (100%), but no extra-schedular evaluation was granted.

The veteran's cervical spine disorder is rated at 20 percent disabling, effective from December 9, 1997. The issue of an increased rating for the lumbar spine disorder prior to March 31, 2000, and after that date remains pending.

The veteran has withdrawn their appeal, and the Board dismissed it due to this withdrawal.

The veteran's attorney requested a hearing before the RO, and the Board is remanding the case for such a hearing. The claims of reopening service connection for cervical spine degenerative disc disease and increasing the rating for lumbar spine degenerative disc disease with disc bulging are also being remanded.

The Board denied service connection for cervical stenosis, degenerative joint disease of the thoracic spine, hypertension, and prostate cancer with prostectomy as there was no evidence linking these conditions to service.

The veteran's cervical spine arthritis is rated at 10 percent.,Separate ratings of 10 percent each are assigned for the left shoulder, right hip, and left knee. The lumbar spine is rated at 20 percent.,A 10 percent rating is granted for the left hip from March 15, 1996 to December 11, 1996.,The veteran's right hip is rated at 20 percent effective from March 15, 1996.,For the period from March 15, 1996 to January 31, 2000, separate ratings of 10 percent are assigned for arthritis and impairment in both knees. For the period from February 1, 2000 forward, a rating of 20 percent is assigned for arthritis.,The veteran's left knee has been rated at 10 percent since March 15, 1996.,For the period from March 15, 1996 to January 31, 2000, a rating of 10 percent is assigned for arthritis and impairment in both knees. For the period from February 1, 2000 forward, a rating of 20 percent is assigned for arthritis.

The veteran does not have a cervical spine or low back disability that is service-connected.

The Board denied service connection for a cervical spine condition and granted service connection for chronic major depression with an effective date of February 9, 1999. The veteran's claim for an increased rating was not addressed in this decision.

The Board denied the veteran's claims for service connection for degenerative disc disease of the cervical spine and left knee disorder with arthritis, finding that there was no evidence to support these claims.

The veteran's claim for special monthly pension based on need for regular aid and attendance or at the housebound rate was denied as he does not meet the criteria for either benefit due to his overall condition, which is not one of helplessness requiring the aid and attendance of another person.

The Board denied the veteran's claim for service connection for post-operative residuals of a herniated disk of the cervical spine, finding that his current condition is not related to any injury sustained during military service.

The veteran's disability of the cervical spine is due to injury incurred in service, and therefore service connection is granted.

The Board has granted a 20 percent disability rating for the veteran's service-connected degenerative joint disease of the cervical spine, finding moderate limitation of motion. The claims for secondary service connection for tension headaches and bilateral carpal tunnel syndrome have also been granted.

The Board has determined that the veteran's service-connected cervical spine strain, lumbosacral strain, and gastroesophageal reflux disease do not warrant a higher rating as their manifestations are currently no more than moderate or slight.

The Board has determined that the veteran's cervical spine disability is not causally related to service or proximately due to or the result of his service-connected residuals of GSW to the left and right posterior chest and thoracic spine.

The Board has denied the veteran's claims for service connection for a back disability, right knee disability, neck disability, and residuals of an injury to his right middle finger. The evidence does not support finding that these conditions were incurred or aggravated by military service.

The veteran's widow is denied eligibility for Service Disabled Veterans' Insurance (RH) because the veteran did not file an application during his lifetime and was never shown to be mentally incompetent.

The Board has determined that the veteran's cervical spine disability, characterized by pain upon movement and stiffness, warrants a 30 percent disability rating.

The Board found that the veteran's right knee disorder, including arthritis, and arthritis of left knee, cervical spine, and lumbar spine were not incurred in or aggravated by service. The claim was denied as there is no evidence showing arthritis within one year after separation from service.