Neck / cervical spine decisions — 2002

The veteran's service-connected arteriosclerotic heart disease with hypertension, which was rated at 100% disabling from June 9, 1997 and reduced to 60% in August 1, 1998 due to reduction in service-connected disability rating, allowed the appellant to receive special monthly compensation based on additional independent 100 percent disability for purposes of accrued benefits.

The Board denied the reopening of the claim for service connection for a neck disability due to lack of new and material evidence.

The Board denied the veteran's claims for service connection for cervical spine disorder, thoracic spine disorder, and left knee disorder due to a lack of evidence linking these conditions to his military service.

The Board has found that new and material evidence has been submitted to reopen the claim for service connection for a back disorder, and thus the claim is granted. The merits of the claim will be reviewed on a de novo basis after additional development of the evidence.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a cervical spine disability, which was previously denied in April 1995.

The Board denied the veteran's claims for compensable ratings for bursitis of the right shoulder and tendinitis of the right hand, as well as service connection for a cervical spine disorder, bursitis of the left shoulder, and tendinitis of the left hand. The issues regarding these conditions are now pending before the RO.

The Board denied the veteran's claims for service connection for cervical spondylosis, an increased rating for postoperative residuals of acromioclavicular separation with fracture deformity of the left clavicle, and special monthly compensation based on loss of use of the left lower extremity.

The Board denied the appellant's claims of service connection for PTSD, hypertension, cervical spine disorder, and lumbar spine disorder. The evidence did not support a current diagnosis of PTSD or any link between the claimed conditions and active duty service.

The veteran's service-connected cervical strain was rated at 10 percent prior to December 26, 2001 and remains at that level on and after. The veteran's post-concussion migraine headaches are assigned a 30 percent evaluation.

The veteran's bilateral foot disability is currently rated at 30 percent, effective from May 1998. The Board finds that the current evaluation adequately reflects his symptoms and does not meet the criteria for an increased rating.

The Board granted a 20 percent rating for the veteran's cervical spine disorder effective October 1, 1997. The RO also granted a 20 percent rating for chronic lumbar strain with mild compression deformity of the posterior aspect of the L5 vertebral body from October 1, 1997 to March 8, 2000 and a 10 percent rating thereafter.

The Board denied service connection for a mid and low back disorder, but granted a higher disability evaluation (20%) for the veteran's recurrent cervical spine disorder.

The veteran's statutory period of eligibility for vocational rehabilitation under Chapter 31 has expired, and the criteria for extension of that period for purposes of retroactive induction into a vocational rehabilitation training program for payment of a Juris Doctor degree are not met.

The veteran's nonservice-connected disabilities, including right knee degenerative arthritis, cervical and lumbar spinal stenosis with degenerative joint disease, tension headaches, bilateral hearing loss, hemorrhoids, and alcohol dependence, do not render him unemployable due to his back and neck problems. His combined evaluation is 30 percent.

The Board has granted higher initial ratings for the veteran's service-connected PTSD, cervical spondylosis, and status post craniotomy for cerebellar hemangioblastoma with post-surgical headaches and cervical spasm.

The veteran's claims for higher ratings for various service-connected conditions have been granted, with the highest rating of 20 percent assigned for his left shoulder disability.

The Board has granted an initial evaluation of 20 percent for the service-connected cervical spine degenerative changes, effective May 13, 1995. The right shoulder bursitis and bilateral foot bunionectomies are each rated at a separate 10 percent evaluation. Tinea cruris is rated as noncompensable.

The veteran's cervical spine disability is currently rated at 30 percent, and the claim for an increased rating has been granted. The issue of reopening a service connection claim for arthritis of the thoracic and lumbar spine and both upper extremities remains pending.

The Board denied the veteran's claims of service connection for cervical, lumbar, and thoracic spine disabilities due to a lack of new and material evidence. The RO also found that these conditions were not incurred or aggravated by service.