Neck / cervical spine decisions — 2003

The Board has denied the veteran's claims for service connection for disabilities of the cervical and lumbosacral spine, finding no evidence of in-service injury or disease that could be linked to his current conditions.

The Board has granted a 30 percent rating for endometriosis and denied the claims for increased ratings for back strain and cervical strain. The veteran's endometriosis is manifested by pelvic pain and heavy bleeding not controlled by treatment, warranting a higher initial rating of 30 percent.

The Board has determined that service connection is warranted for the veteran's low back disorder and cervical spine disorder, with a medical opinion supporting this determination.

The Board has determined that the veteran does not have a current diagnosis of hearing loss, gastrointestinal disorder, sinusitis, cervical spine disorder (neck injury), left elbow disorder, left shoulder disorder, left knee disorder, right knee disorder, or left ankle disorder. The claim for service connection is therefore denied.

The veteran's appeal is being remanded for additional examinations and records to determine the severity of his cervical spine disability and postoperative scar of the left shoulder.

The Board has determined that the veteran's claimed disabilities, including left wrist and leg/knee injuries, cervical spine disorder, and lumbar spine disorder, are not related to service.

The Board has granted a higher initial rating of 20 percent for the veteran's service-connected cervical spine disorder, and denied an initial compensable rating for his left shoulder disorder.

The veteran's myositis of the cervical paravertebral and upper back muscles is currently rated at 10 percent, but his disability does not warrant a higher rating based on the evidence provided.

The Board has denied the veteran's claims for service connection for a left knee disorder and low back disorder as secondary to his service-connected residuals of a left tibia and fibula fracture. The claim for service connection for a cervical spine disorder is pending due to conflicting evidence.

The Board has determined that the veteran's cervical spine disability warrants a 30 percent evaluation from May 20, 2002 to September 22, 2002. The lumbar spine disability is rated at 30 percent since September 23, 2002.

The Board denied the veteran's claims of service connection for cervical spine, bilateral shoulder, and low back disorders. The claim to reopen a left knee disorder was also denied due to lack of new and material evidence.

The Board has determined that the veteran's thoracic and cervical spine strains are related to service, granting their claims for service connection.

The Board denied the veteran's claims for service connection for chronic cervical and lumbar spine disorders, finding that there was no evidence of such conditions during his periods of active duty or active duty for training.

The Board has determined that the veteran's cervical and lumbar spine disorders were not incurred or aggravated during active service, nor may they be presumed to have been incurred therein. The evidence does not show a pre-existing condition worsening during service.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine and spondylosis and degenerative disc disease of the cervical spine. Service connection is denied for bilateral knee disability and left ankle disability.

The Board has denied the veteran's claim for a rating in excess of 20 percent for his service-connected cervical spine traumatic arthritis.

The Board has ordered further development in the veteran's case, including a VA examination to determine the nature and etiology of any cervical spine or lumbar spine disability, as well as the severity of the service-connected left femur fracture residuals. The veteran is seeking service connection for these conditions.

The veteran's claim for an increased evaluation for degenerative joint and disc disease of the cervical spine is granted, with a current rating of 40 percent. The issue of TDIU remains in appellate status.

The Board denied the veteran's claim for Service Disabled Veterans' Insurance (RH) under 38 U.S.C.A. § 1922(a) due to his nonservice-connected cervical disc disease and coronary artery disease, which exceeded the required 'good health' criteria.

The Board has determined that the veteran's current back and right knee disabilities are not proximately due to or aggravated by his service-connected left knee disability.