Neck / cervical spine decisions — 2003

The veteran's service connection claims for left biceps tendonitis, right knee condition, left shoulder condition, low back pain, and headaches have been granted.

The veteran's claims for increased ratings for cervical spine arthritis and duodenal ulcer disease were denied by the RO in December 1995. The Board is remanding this issue to ensure that a Statement of Claim (SOC) has been issued.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a bilateral eye disorder. The issue of cervical spine disability, secondary to a service-connected right shoulder disability, is pending and will be addressed in a separate decision.

The veteran's claim for a permanent and total disability rating for VA pension purposes was denied due to his failure to report for scheduled examinations without explanation, and the evidence did not show that his innocently acquired disabilities rendered him permanently and totally disabled.

The Board denied the veteran's claims for service connection and increased evaluations for her low back, right knee, left knee, right foot, and right hip conditions. The appeals were based on direct service connection without any presumption or secondary theory.

The Board has determined that the veteran's cervical spine disorder is related to an injury in service and grants service connection for this condition.

The veteran's anxiety/depression is rated at the highest possible evaluation of 70 percent, while his cervical spine disability and low back strain are each rated at 20 percent. The bilateral knee strain and irritable bowel syndrome do not meet the criteria for a higher rating.

The Board has granted a 20 percent rating for the veteran's service-connected osteoarthritis of the left knee, effective April 13, 1992. The claim for service connection for multiple joints including ankles, right knee and cervical and thoracic spine remains unresolved.

The Board has denied the veteran's claims of service connection for right shoulder, neck, low back, and leg problems as secondary to his service-connected partial amputation of the distal middle finger. The VA examiner found no evidence that these conditions were related to the service-connected disability.

The veteran's claim for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment for an automobile is denied as he does not meet the criteria set forth by VA regulations.

The Board has determined that the veteran's cervical spine disability was not incurred in or aggravated by active service and denied his claim.

The Board denied service connection for a cervical spine disability, finding that the appellant's current condition is not related to his service-connected low back disability.

The Board has determined that the veteran does not have a current hernia disorder or any residuals thereof related to service, and there is no evidence of a neck injury during service. Therefore, service connection for both conditions is denied.

The Board denied the veteran's claim for service connection for a cervical spine disability due to lack of evidence linking it to service or his service-connected lumbar spine disability. The new evidence submitted since the May 1999 decision is not considered material.

The Board has granted a 40 percent evaluation for the veteran's service-connected low back disability, effective from March 23, 2001.

The Board has determined that there is no evidence to support the veteran's claims of service connection for spondylosis of the lumbar, cervical, and thoracic spines. The pre-service and post-service medical records do not show any chronic conditions related to these areas during or after service.

The veteran's claims for increased evaluations of his cervical and lumbosacral spine disabilities, as well as service connection for a bilateral arm disability, were denied. The Board found that the evidence did not support higher ratings or service connection.

The Board has determined that the veteran's left knee and back and neck disabilities are not related to service, and thus denied his claims for service connection.

The Board denied the veteran's claims for service connection for hepatitis B and increased ratings for cervical and lumbar spine disorders, but found no evidence of current infectious hepatitis B or chronic disability from these conditions.

The Board has determined that the veteran's cervical spine disability, characterized by unfavorable ankylosis, warrants a 40 percent evaluation.