Neck / cervical spine decisions — 2003

The Board denied service connection for aggressiveness and violent tendencies as secondary to a cervical spine disorder, and denied an increased evaluation for hepatitis B.

The Board found that the veteran's cervical spine arthritis warranted a 20 percent evaluation, but not an evaluation in excess of this. The December 1992 rating decision granting service connection for head and neck injury with post-concussion headaches and blurred vision is final as the veteran did not file a timely notice of disagreement.

The Board found that the veteran's cervical spine disability was aggravated during his period of active duty for training (ACDUTRA) in April 1994.

The Board found that the veteran's cervical spine disability, including arthritis, had its onset many years post-service and was unrelated to either an inservice helicopter accident or the service-connected compression fracture of the dorsal spine.

The Board denied the veteran's claims for increased evaluations for his cervical spine, low back, and left elbow disabilities due to the lack of evidence showing more than slight limitation of motion or other disabling symptoms.

The Board has determined that the veteran's current cervical and lumbosacral spine disorders are related to his service, including a 1991 injury during service. Service connection for these conditions is granted.

The Board is reopening the claims for service connection for residuals of a head injury, including a visual disability, and for a disability of the left ulnar nerve, including post-traumatic numbness of the 4th and 5th digits. Additional development is needed to properly adjudicate these issues.

The Board has determined that the veteran's residuals of cartilaginous injury of the thorax, thoracic spine injury, cervical spine injury with degenerative joint disease and degenerative changes, post-concussion syndrome including chronic headaches are related to service. Therefore, these conditions have been granted service connection.

The Board has granted service connection for cervical spondylosis, finding that the veteran's arthritis in the cervical spine was present within one year of his separation from active duty.

The Board denied service connection for post traumatic stress disorder and a cervical spine disorder. The veteran's lumbar myositis, degenerative joint disease of the lumbar spine was initially granted with a 10 percent evaluation from December 16, 1997 to June 13, 2002, which was later increased to 40 percent effective June 14, 2002. The veteran's left ear hearing loss and tinnitus were each assigned initial compensable evaluations, while his scars of the posterior aspect of the left elbow and right upper back and osteoarthritis of the left wrist, history of left wrist fracture received initial non-compensable evaluations.

The Board has granted service connection for Bowen's disease (gynecologic cancer), cervical spine disability, and right hip disability. The diagnoses are considered to be related to in-service trauma.

The veteran's claims for increased ratings and extraschedular evaluations were denied. The case is being remanded to the RO for further development, including scheduling a VA Social and Industrial Survey.

The VA denied the veteran's claim for an increased evaluation of his service-connected spinal cerebellar degeneration, which is currently rated at 10 percent. The condition is characterized by mild symptoms and no more than mild disability.

The veteran's appeal for higher ratings for a cervical spine disability and headaches is being remanded due to recent changes in regulations.

The veteran's service connection claims for back and left hip injuries were granted. The claim for a higher initial rating for the ankle fracture was denied.

The veteran's appeal regarding his cervical spine disability was denied, with the RO maintaining that the disability should be rated at 20 percent for the period prior to November 25, 2002 and at 30 percent thereafter.

The Board denied the veteran's claim for service connection for a cervical spine disability, finding that the condition developed years after service and was not caused by any incident of service.

The veteran's appeal is being remanded for additional development and readjudication due to the need for further examination and consideration of new medical evidence.

The Board has decided to remand the case for further development due to incomplete information and need for additional examinations.

The Board found that the veteran's claimed knee and cervical spine disorders, as well as his right heel plantar fasciitis, were not incurred or aggravated by service. The left ankle disorder was rated at 10 percent based on degenerative arthritis.