Neck / cervical spine decisions — 2006

The veteran's claim for an earlier effective date for a 40% evaluation of degenerative disc disease of the cervical spine is denied as there is no evidence showing that his disability warranted such a rating prior to March 24, 1999.

The veteran's claims for compensation under 38 U.S.C.A. § 1151, increased ratings for cervical strain and concussion with headaches, and a temporary total disability rating due to hospitalization were all denied.

The veteran's initial ratings for his service-connected cervical spine disability, sarcoidosis, and hemorrhoids have been denied.,For the cervical spine, a rating in excess of 10 percent is not warranted as there is no evidence of incapacitating episodes or chronic orthopedic and neurologic manifestations that would justify such a higher evaluation.,For sarcoidosis, a compensable rating is not warranted due to lack of persistent symptoms requiring maintenance or intermittent corticosteroids.,For hemorrhoids, the veteran's disability picture more closely resembles large or thrombotic hemorrhoids with frequent recurrences.

The Board denied the veteran's claim for a disability rating greater than 20 percent for cervical spondylosis with degenerative disk disease, finding that his symptoms did not meet the criteria for any higher rating under the applicable VA rating criteria.

The Board denied the veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as secondary service connection for right and left knee arthroplasties and a psychiatric disability. The evidence did not meet the criteria for higher evaluations under the applicable rating schedules.

The Board denied service connection for a neck disability and granted an initial 10 percent evaluation for a facial scar.

The Board has determined that the veteran's claimed dyshidrosis of the right foot, residuals of a spider bite, was not incurred in active military service and therefore denied service connection.

The Board granted a higher rating of 60 percent for the service-connected cervical spine disability, manifested by cervical spondylosis with C6-7 radiculopathy. The disability is characterized by pronounced intervertebral disc syndrome with persistent symptoms including constant pain, stiffness and limitation of motion.

The veteran's initial evaluations for cervical spine degenerative spondylosis and gastroesophageal reflux disease were granted, but the ratings remain at 10 percent. The post-operative bunionectomy of both great toes are each assigned a non-compensable rating.

The Board has denied the veteran's claims for increased ratings for ankylosis of the cervical spine and snapping right hip pain due to iliotibial band, finding that neither condition warrants a higher rating under applicable VA regulations.

The Board denied service connection for a cervical spine disability and granted service connection for lumbosacral strain and myositis, but did not assign the maximum schedular rating. The veteran's increased evaluation claim remains in controversy.

The Board has granted a 60 percent rating for the veteran's service-connected cervical spine disability, effective from the date of the decision.

The Board denied increased ratings for various knee and shoulder disabilities, as well as instability of the knees. The veteran's service-connected conditions were not found to warrant higher evaluations.

The Board has denied the veteran's claims of entitlement to service connection for thoracic spine and cervical spine disabilities, as well as his request to reopen a previously denied claim for lumbar spine disability. The evidence received since the October 1992 RO decision is not considered new and material.

The veteran's major depression is found to be secondary to his service-connected hearing loss and cervical spine disabilities. He was granted a compensable rating for his cervical strain effective June 28, 2003.

The Board has determined that the veteran's service-connected cervical spine disability does not warrant an evaluation in excess of 60 percent, and the reduction from a 60 percent to a 30 percent rating is void ab initio.

The veteran's service-connected disabilities do not render him unemployable, as his combined disability rating is only 50 percent and he has the potential to find gainful employment in a sitting job.

The Board denied the veteran's claims for service connection for PTSD, rheumatoid arthritis, right wrist disability, and cervical spine disability due to lack of verified in-service stressors and other supporting evidence.

The VA determined that the veteran's cervical spine disability does not warrant an evaluation in excess of 40 percent, as it did not meet the criteria for ankylosis or pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and little intermittent relief.

The Board has determined that there is no current diagnosis of cervical and lumbar spine disorders, bilateral knee arthritis, or residuals of bilateral hamstring injuries related to service. The veteran's claims for these conditions are therefore denied.