Neck / cervical spine decisions — 2003

The Board has dismissed the veteran's appeal for entitlement to service connection for hypertension due to a lack of timely receipt of a substantive appeal. The issues of compensable ratings for bursitis of the right hip, degenerative joint disease of the cervical spine, and residuals of a right spontaneous pneumothorax are remanded for further development.

The veteran's service connection claims for a back disorder (cervical and thoracic spines) are granted. Claims for bilateral knee, foot, and ankle disorders remain denied.

The Board has granted a 30 percent rating for the veteran's service-connected cervical spondylosis C6-7, status post cervical discectomy due to severe limitation of motion.

The Board granted a 60 percent rating for the veteran's DDD of the cervical spine with right radiculopathy due to right SAS, effective from September 23, 2002. The decision also noted that separate ratings were assigned for orthopedic and neurologic manifestations.

The veteran's claims for increased ratings for his low back and neck disabilities have been denied. The RO has assigned the maximum evaluations allowed under VA regulations.

The Board of Veterans' Appeals has determined that the veteran's cervical spine pathology is likely due to injuries sustained in service, and grants the claim for service connection.

The veteran's cervical strain is rated at 30 percent, lumbosacral strain at 40 percent, and chronic synovitis of the left knee at 10 percent. The veteran also meets criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board found that the veteran's back disorder was not incurred in or aggravated during service and denied his claim for service connection.

The Board found that the veteran's neck disability with 5th and 6th vertebrae disc protrusion and left arm numbness was not incurred in or aggravated by service, and thus denied service connection for this condition. The initial rating for his left knee disability remains unchanged.

The veteran's postoperative residuals of a cervical spine disability are shown to be more favorably evaluated under the former rating criteria, warranting a 60 percent rating since July 8, 1994.

The Board found that the veteran's current cervical spine disorder was incurred as a result of an in-service automobile accident and is related to his service-connected foot disability.

The veteran's hallux valgus, cervical strain, fibrocystic breast disease, and major depression are all denied increased evaluations. However, the veteran has established service connection for premenstrual syndrome.,Premenstrual syndrome was incurred in or aggravated by service.

The Board found that the veteran's current cervical spine disability to include cervical strain and degenerative joint disease was not incurred in or aggravated by service nor may degenerative joint disease be presumed to have so been incurred.

The medical evidence shows that the veteran is able to feed, dress, bathe, and clothe himself, does not need assistance on a regular basis in protecting himself from hazards or dangers incident to his daily environment, and is able to care for 'the wants of nature'. Therefore, he does not meet the criteria for higher level of special monthly compensation based on the need for the aid and attendance of another person.

The Board denied the veteran's claims for evaluations in excess of 10 percent for his cervical and thoracic spine disabilities with degenerative changes, finding that the evidence did not support a higher rating based on current disability levels.

The Board denied the veteran's claims for service connection for various conditions, including right lower extremity disability, thoracic spine disability, lumbar spine disability, multiple joint or systemic arthritis or arthritic like conditions, cervical spine disability, upper extremities disability, allodynia, osteopenia and osteoporosis, autoimmune disease, connective tissue disease, left knee disability, respiratory disorder, gastrointestinal disability, glaucoma, meibomian cystic infection of the left upper eyelid, blepharitis and chalazion, and urinary tract infections.

The Board of Veterans' Appeals has determined that the veteran's cervical spine disability is not related to service and therefore denied his claim for service connection.

The Board has determined that the veteran's current cervical spine condition is not related to service, and therefore denied his claim for service connection.

The Board finds that the veteran does not have current disabilities of head injury or back and neck injuries that are related to service. The evidence does not show any in-service injury, and there is no medical documentation linking current symptoms to service.

The Board found that the veteran's claimed psychiatric, low back, and cervical spine disabilities are not related to his military service. The claims for these conditions were therefore denied.