Neck / cervical spine Board decisions

The Board of Veterans' Appeals has determined that the veteran's current back disorders, including degenerative disc and joint disease of the cervical, thoracic, and lumbar spine, as well as lumbar spine spondylolisthesis, were not caused or aggravated by the May 1958 VAMC back surgery. Therefore, the claim for compensation benefits under 38 U.S.C.A. § 1151 is denied.

The Board denied the veteran's claim for service connection for arthritis of hands, shoulders, knees, ankles, and cervical spine, finding no evidence linking these conditions to his military service.

The Board has denied the veteran's claim for service connection for cervical spine degenerative disc disease, finding that it was not incurred or aggravated in service and is not related to his POW experiences.

The Board denied higher ratings for the veteran's cervical spine and right shoulder disabilities, finding that the evidence did not support a rating in excess of 20 percent for the cervical spine disability or a rating in excess of 10 percent for the right shoulder disability.

The Board found no evidence of a current neck disability and denied the veteran's claims for service connection and pension benefits.

The veteran's nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board denied service connection for low back and cervical spine disorders, acquired psychiatric disorder, cardiovascular disorder, and irritable bowel syndrome. The veteran's claims were based on direct evidence rather than a presumption or secondary service connection.

The Board has denied the veteran's claims for service connection for various conditions, including cervical spine disorder, back disorder, bilateral shoulder disorder, tinnitus, rhinitis, otitis media, and residuals of tonsillectomy. The arthritis of the knees is separately rated at 10 percent.

The Board has determined that the veteran is entitled to service connection for residuals of an injury to her cervical spine, including headaches. The evidence supports a finding that these conditions are due to her fall while on active duty in June 1987.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of service connection for low back and cervical spine disorders.

The veteran's claim for service connection for a cervical spine disorder is granted as there is credible evidence of an injury in service and current diagnosis. The claim for service connection for dizziness is denied due to lack of diagnosed disease entity.

The Board finds that the veteran's claim for service connection for residuals of a cervical spine injury is denied as there is no competent evidence showing an in-service motor vehicle accident and neck injury, nor does it establish a nexus between his current disability and service.

The veteran's cervical and lumbar spine disabilities have been rated at 20 percent since March 1, 1994. The Board found that the evidence does not support a higher rating based on the severity of the conditions.

The veteran's service-connected disabilities, including Raynaud's disease and rheumatoid arthritis of the cervical spine, right shoulder, and left shoulder, are found to be severe enough to prevent him from securing or following a substantially gainful occupation.

The veteran's postoperative residuals of cervical spine injury and surgery are productive of severe impairment and a demonstrable vertebral deformity, warranting a 50 percent rating.

The Board found no evidence of a chronic condition in service and insufficient competent medical evidence to support the veteran's assertions that his current symptoms are related to service. The claim for service connection was denied.

The Board denied the veteran's claim for service connection for cause of death, finding that there was no evidence linking his squamous cell carcinoma and liver metastases to his military service.

The Board has determined that the veteran's claim of service connection for lumbosacral strain was denied in February 1984 and no new and material evidence has been received to reopen this claim. The other issues on appeal have not been decided.

The Board denied the appellant's claims for an earlier effective date and for clear and unmistakable error in a prior rating decision. The veteran did not have pending claims at the time of his death for these issues.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection on a direct basis for cervical spine disability, numbness of the hands, lumbar spine disability, and thoracic spine disability. The appeals are granted.