Neck / cervical spine decisions — 2003

The Board has determined that the veteran's intervertebral disc syndrome of the cervical spine warrants a 20 percent evaluation, effective from July 1, 1998.

The veteran's service-connected disabilities do not result in loss of use of one or both feet, hands, vision, or ankylosis of knees or hips. Therefore, the criteria for financial assistance in purchasing a vehicle with special adaptive equipment are not met.

The veteran's PTSD is rated at 50 percent since July 1, 2001. The arthritis of the cervical, thoracic and lumbar spine is rated at 20 percent effective from April 23, 1993. The claim for an earlier effective date for service connection for PTSD is granted.

The Board has granted the appellant's claims for increased evaluation of his lumbar spine disability and service connection for cervical and thoracic spine disorders, finding that these conditions are proximately due to or the result of his service-connected lumbar spine disorder.

The Board found that the veteran's cervical spine and bilateral shoulder disabilities are not etiologically related to service.

The Board has determined that the veteran's degenerative changes of the cervical spine were incurred during his military service and granted service connection for this condition.

The veteran's cervical spine disability, including retained metallic foreign bodies from a gunshot wound, is currently rated at 20 percent under Diagnostic Code 5293 for intervertebral disc syndrome. The RO has increased the rating to 30 percent effective July 1999.

The Board denied the veteran's claims for service connection for chronic sinusitis and a neck and cervical spine disorder, finding that no new and material evidence was submitted to reopen the claim of chronic sinusitis. The cervical spine disability was not shown until after service separation, and there is no presumption or other basis for service connection.

The Board has granted service connection for a chronic cardiac disorder, including cardiomegaly and hypertensive heart disease. The veteran's hypertension is currently rated at 10 percent.

The Board denied an earlier effective date for a total rating based on individual unemployability due to service-connected disabilities, finding that the claim was received in December 8, 1993 and no prior informal claim existed within one year prior.

The Board has remanded the case due to the need for a VA examination and additional development of evidence, including consideration of service connection for cervical kyphosis.

The Board has denied the veteran's claims for service connection for otitis media, cervical spine disability, vertigo, and degenerative joint disease of the lumbar and dorsal spine. The evidence did not establish a link between these conditions and military service.

The veteran's post-traumatic headaches are rated at 30 percent, effective August 8, 1995. Service connection for a lumbar spine disability and tingling and numbness of the legs is granted. The veteran's cervical spine disability remains service-connected with a 60 percent rating.

The Board denied the veteran's claims for increased disability ratings for his service-connected left shoulder disorder, GERD, deviated septum, and cervical spine disorder. The current evaluations of 10%, 10%, 0%, and 20% respectively are maintained.

The Board has determined that the appellant's claims for increased ratings for cervical and lumbar spine arthritis, hemorrhoids, and hallux rigidus with post-traumatic arthritis due to fracture of the right great toe proximal interphalangeal joint are denied. The current evaluations assigned do not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has determined that the veteran's claimed sinusitis and arthritis of shoulders, wrists, hips, cervical spine, and thoracic spine are not service-connected. The evidence does not support a finding that these conditions had their onset during service or are causally related to service.

The Board has granted the veteran's claim for service connection for cervical and lumbar disc disabilities as secondary to his service-connected right knee disability.

The Board denied a compensable evaluation for the appellant's cervical adenitis disability, finding no evidence of any manifestations or residuals since 1954.

The Board found that the veteran's current neck and cervical spine disorder is not causally related to an incident of his active military service.

The Board denied the veteran's claims for service connection for kidney disease, heart disease, impotency, neck disability, and joint disability as secondary to exposure to Agent Orange.