Neck / cervical spine decisions — 2002

The Board denied the veteran's claim of service connection for a cervical spine disability with right shoulder, arm, and hand disability, finding that it is not related to his service-connected left shoulder disability.

The Board has determined that the veteran's current disabilities of headaches, jaw problems, facial scars, and degenerative disc disease of the cervical spine are results of his inservice motor vehicle accident.

The Board has denied the veteran's claims for service connection for chronic-type tension headaches, residuals of cervical spine strain, and residuals of low back strain. The veteran's claims for increased ratings for status post nephrolithiasis, status post 3rd metatarsal stress fracture, and chronic left shoulder strain were also denied.

The Board has granted the veteran's claims for increased ratings for fibromyalgia and to reopen her claim of service connection for a back disability. The neck disability claim is pending as it will be addressed in a later decision.

The Board has denied the veteran's claims for service connection for a cervical spine disorder, lumbar spine disorder, bilateral leg disorder, and coccygeal strain as there is no evidence that these conditions are related to his in-service injury.

The Board denied increased ratings for arthritis of the left knee, residuals of a fracture of the cervical spine, and weakness and atrophy of the right arm and hand. The veteran's service-connected conditions are rated as 20 percent, 30 percent, and 40 percent respectively.

The Board does not have jurisdiction to review the veteran's claims of entitlement to service connection for bilateral hearing loss, low back disability and neck disability, or the ratings assigned to the service-connected residuals of a left elbow fracture and irritable bowel syndrome.

The Board denied the veteran's claims for increased ratings for his cervical spine and left knee disabilities, finding that there was no evidence of a compensable level of disability warranting an initial rating higher than the currently assigned evaluations.

The VA denied the veteran's claims for ratings in excess of 10 percent for cervical and lumbar spine degenerative diseases, finding that the evidence did not support a higher rating based on current functional impairment.

The Board has determined that new and material evidence was not presented to reopen the veteran's claims for cervical spine disability and back disability. The right knee arthritis claim is denied as there is no evidence of a current disability related to military service, and the laceration scar claim does not meet the criteria for a compensable evaluation.

The Board has determined that the veteran's cervical spine disorder was incurred in service and granted a rating of 20 percent for this condition. The ratings for spondylolysis of the lumbar spine and left median nerve compression with TOS remain unchanged.

The Board has determined that the veteran's current cervical spine condition was not incurred during service and is not related to his service-connected left shoulder disorder. The claim for service connection is therefore denied.

The veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment considering the impairment from the disabilities and his educational and occupational background. The requirements for a TDIU rating have not been met.

The VA denied the veteran's claim for an increased rating for her service-connected traumatic arthritis of the cervical spine, currently rated at 10 percent. The evidence did not show an exceptional or unusual disability picture.

The Board denied the veteran's claims for service connection for residuals of a cervical spine injury and for a compensable disability evaluation under 38 C.F.R. § 3.324, finding that her current cervical spine disorder was not incurred in or aggravated by active duty and that there was no evidence showing that her noncompensable service-connected disabilities interfered with normal employability.

The Board has granted service connection for the veteran's cervical spine disability and assigned a 20 percent initial rating for his low back disability, effective from the date of separation from service.

The Board denied the veteran's claims for service connection for tinnitus and neck disability, finding that the effective date could not be earlier than December 31, 1997, and that his neck disability was not incurred or aggravated during active service.

The Board has determined that the veteran's mild cervical strain was not incurred in or aggravated during service and denied his claim for service connection.

The Board finds that arthritis of the cervical spine, elbows, shoulders, hips, knees, ankles, and feet was not incurred in or aggravated by service. The evidence does not show that any current arthritis is related to service.