Neck / cervical spine decisions — 2003

The Board found that the veteran does not have arthritis of the right shoulder or cervical spine, and therefore denied his claims for service connection.

The veteran's service-connected cervical strain with degenerative changes is currently rated at 40 percent, effective October 15, 1994.

The Board has denied the veteran's claims for increased ratings for his service-connected cervical spine disability, right knee chondromalacia and post-traumatic osteoarthritis, left knee chondromalacia and post-traumatic osteoarthritis, right sacroiliac joint arthritis of pelvic fracture residuals, and left sacroiliac joint arthritis of pelvic fracture residuals.

The Board has determined that the effective dates for the grants of service connection for degenerative disease of the cervical spine, gait disturbance of the right lower extremity, and gait disturbance of the left lower extremity cannot be earlier than September 24, 1992 as there is no indication from the record of a claim or reopened claim prior to that date.

The Board found that the veteran's cervical and thoracic spine disabilities are not proximately due to or aggravated by his service-connected residuals of a compression fracture with minor malunion, and traumatic arthritis at L4.

The Board has reopened the veteran's claims for right shoulder rotator cuff repair and a back disorder, to include arthritis of the lumbar and cervical spine. The evidence presented is considered new and material, allowing the claims to be reviewed on their merits.

The veteran's claims for increased evaluation, service connection for PTSD and back injuries, as well as reopening of a claim for sinusitis, rhinitis and a deviated nasal septum were denied. The veteran's claim for TDIU was also denied.

The veteran's cervical spine disability is rated at 40 percent, the maximum schedular rating available under Diagnostic Code 5287 for ankylosis. The Board also granted entitlement to TDIU based on his service-connected disabilities.

The veteran's service-connected disabilities are not shown to be so disabling as to render him unable to care for his daily personal needs or protect himself from the hazards and dangers of daily living, without regular assistance.

The Board has determined that the veteran's degenerative joint disease of the cervical spine is service-connected, but his shoulder disability is not.

The Board denied an evaluation in excess of 20 percent for the veteran's cervical myositis, mild foramina stenosis at C4 to C5 and C5 to C6. The current evaluation remains at 20 percent.

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

The Board has determined that the veteran's left shoulder and neck disabilities are not related to his active service.,The VA examinations have found no evidence of chronic conditions during or prior to service, and current medical opinions indicate these conditions are more likely due to post-service injuries.

The Board denied service connection for a chronic neck disability with degenerative joint disease and hearing loss, finding that the disabilities were not incurred or aggravated by military service.

The veteran's dementia requires constant supervision, meeting the criteria for special monthly pension based on need for regular aid and attendance.

The Board has determined that the veteran's cervical spine disorder, including thoracic outlet syndrome, and low back disorder were not incurred in or aggravated by active service.

The VA has determined that the veteran's cervical spine disability warrants a rating of 20 percent, effective January 1, 1999.

The veteran's claim for increased non-service-connected special monthly pension based on the need for aid and attendance was denied as he is able to perform many daily activities without assistance.

The Board has denied the veteran's claims for service connection for degenerative osteoarthritis of the shoulders and cervical spine, skin rashes (eczema), and chronic fatigue syndrome. The conditions were not found to be present in service or due to an undiagnosed illness.

The VA has determined that the veteran's cervical spine disability warrants a 10 percent evaluation, which is the current rating for this condition.