Neck / cervical spine Board decisions

The Board has denied the veteran's claims for service connection for arthritis of the cervical spine, constipation, diarrhea, and upper and lower gastrointestinal disorders. The evidence does not support a finding that these conditions are related to service or an undiagnosed illness.

The Board denied reopening of the right shoulder disorder claim due to lack of new and material evidence. The lower cervical spine disorder claim was also denied.

The Board denied the veteran's claim for an earlier effective date for the grants of service connection for thoracic strain with degenerative joint disease, degenerative joint disease of the cervical spine, and right hip bursitis. The decision found that there was no legal entitlement to an earlier effective date.

The Board has determined that the veteran was entitled to a TDIU rating as of July 7, 1993 due to his service-connected disabilities.

The VA denied a higher rating for the veteran's cervical spine disorder, finding that it did not meet or exceed the criteria for a higher rating.

The Board has determined that the veteran's lumbar spine disorder, which includes symptoms such as pain and slight limitation of motion, warrants a disability rating of 20 percent.

The veteran's service-connected arteriosclerotic heart disease with hypertension, which was rated at 100% disabling from June 9, 1997 and reduced to 60% in August 1, 1998 due to reduction in service-connected disability rating, allowed the appellant to receive special monthly compensation based on additional independent 100 percent disability for purposes of accrued benefits.

The Board denied the reopening of the claim for service connection for a neck disability due to lack of new and material evidence.

The Board denied the veteran's claims for service connection for cervical spine disorder, thoracic spine disorder, and left knee disorder due to a lack of evidence linking these conditions to his military service.

The Board has found that new and material evidence has been submitted to reopen the claim for service connection for a back disorder, and thus the claim is granted. The merits of the claim will be reviewed on a de novo basis after additional development of the evidence.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a cervical spine disability, which was previously denied in April 1995.

The Board denied the veteran's claims for compensable ratings for bursitis of the right shoulder and tendinitis of the right hand, as well as service connection for a cervical spine disorder, bursitis of the left shoulder, and tendinitis of the left hand. The issues regarding these conditions are now pending before the RO.

The Board denied the veteran's claims for service connection for cervical spondylosis, an increased rating for postoperative residuals of acromioclavicular separation with fracture deformity of the left clavicle, and special monthly compensation based on loss of use of the left lower extremity.

The Board denied the appellant's claims of service connection for PTSD, hypertension, cervical spine disorder, and lumbar spine disorder. The evidence did not support a current diagnosis of PTSD or any link between the claimed conditions and active duty service.

The veteran's service-connected cervical strain was rated at 10 percent prior to December 26, 2001 and remains at that level on and after. The veteran's post-concussion migraine headaches are assigned a 30 percent evaluation.

The veteran's bilateral foot disability is currently rated at 30 percent, effective from May 1998. The Board finds that the current evaluation adequately reflects his symptoms and does not meet the criteria for an increased rating.

The Board granted a 20 percent rating for the veteran's cervical spine disorder effective October 1, 1997. The RO also granted a 20 percent rating for chronic lumbar strain with mild compression deformity of the posterior aspect of the L5 vertebral body from October 1, 1997 to March 8, 2000 and a 10 percent rating thereafter.

The Board denied service connection for a mid and low back disorder, but granted a higher disability evaluation (20%) for the veteran's recurrent cervical spine disorder.

The veteran's statutory period of eligibility for vocational rehabilitation under Chapter 31 has expired, and the criteria for extension of that period for purposes of retroactive induction into a vocational rehabilitation training program for payment of a Juris Doctor degree are not met.

The veteran's nonservice-connected disabilities, including right knee degenerative arthritis, cervical and lumbar spinal stenosis with degenerative joint disease, tension headaches, bilateral hearing loss, hemorrhoids, and alcohol dependence, do not render him unemployable due to his back and neck problems. His combined evaluation is 30 percent.