Neck / cervical spine decisions — 2003

The veteran's representative contends that he has a cervical spine disorder and related headaches stemming from injuries sustained in service. The VA neurological consultation noted the veteran sustained injuries to his back and neck as a result of a helicopter crash during military service, leading to diagnoses of cervical degenerative and posttraumatic arthritis. The Board finds further examination is required prior to final decision.

The veteran's appeal is being remanded due to his failure to report for a scheduled hearing and the need to issue a statement of the case regarding a claim under 38 U.S.C.A. § 1151.

The Board has determined that the appellant's right shoulder and cervical spine conditions were not caused or aggravated by treatment provided at a VA medical facility in April 1993, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board has ordered further development due to pending issues regarding the veteran's cervical spine disability. The case is now being sent back for additional examination and consideration.

The Board dismissed the veteran's appeal as to his claim of service connection for degenerative joint disease of the cervical spine due to a previous grant of service connection in 1983. The RO is referred to consider his increased rating claim for degenerative joint disease of the cervical spine.

The Board has determined that the veteran's claims for increased evaluations for bronchitis and emphysema, as well as service connection for carpal tunnel syndrome, are not supported by the evidence of record. The preponderance of the evidence does not support an evaluation in excess of 30 percent for his bronchitis and emphysema, nor is there a causal link between his current carpal tunnel syndrome and service.

The veteran's cervical spine disorder is not considered a separate condition from his service-connected lumbar disc disease.,There is no evidence of a left hip disorder that is distinct from or related to the service-connected lumbar disc disease. The veteran's hip pain is attributed to his back disability.,The veteran's leg pain, including in the legs and knees, is considered part of his service-connected low back disability.,The veteran's left knee disorder is not a separate condition but rather an extension of his service-connected low back disability.

The veteran's appeal is being remanded due to the need for a new VA examination and notification of changes in spine evaluation criteria. The issue remains about entitlement to an increased rating for lumbosacral strain.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence of current right or left ankle disability, and the preponderance of the competent medical evidence was against a finding that his bilateral knee disorder and polyarthralgias with autoimmune inflammatory disease and probable early ankylosing spondylitis are causally related to active service.

The veteran's claim for non-service-connected pension benefits was granted, effective August 1, 2003. The appeal for an earlier effective date is dismissed.

The Board denied the veteran's request to waive recovery of an overpayment of $2,000 in non-service connected pension benefits due to his fault in not reporting concurrent receipt of Social Security benefits.

The veteran's application for Supplemental Service Disabled Veterans' (RH) Insurance was denied because his application was received after he reached the age of 65, which is a requirement under VA regulations.

The Board has denied the veteran's claims for service connection for heart disease and a gynecological disorder, finding no evidence of any chronic disability in these areas during or after her military service.

The veteran's service-connected disabilities do not render him unemployable as a result of his own abilities and the lack of available jobs, despite his qualifications.

The Board finds that the veteran's arthritis is related to his active service, and grants service connection for arthritis of multiple joints.

The Board has granted service connection for a cervical spine disorder, but denied service connection for paresthesia of the right hand and residuals of a groin injury. The veteran's cervical spine disorder is considered to be directly related to his military service.

The Board found that the veteran's service-connected disabilities rendered him unemployable as of October 26, 1998, and granted a total disability rating based on individual unemployability effective from that date.

The Board has determined that new and material evidence was submitted to reopen the claims for residuals of a left wrist injury, right hand disability (claimed as residuals of right fourth finger injury), but denied service connection on the merits.

The Board has denied the claim of service connection for obsessive-compulsive personality disorder, finding that it is not a disease or injury within the meaning of applicable legislation. The remaining claims will be addressed in the Remand section.

The Board has ordered additional development as the veteran's claim for nonservice-connected pension benefits is incomplete due to inadequate notice and examination. The case will be returned to the RO for further action.