Neck / cervical spine Board decisions

The Board denied the veteran's claims for earlier effective dates and increased ratings, finding that there was no clear and unmistakable error in the initial denial of service connection for post-traumatic stress disorder and that the veteran did not submit a claim within one year of her discharge from service.

The Board has granted service connection for lumbar and cervical spine disabilities effective from November 24, 1987. The veteran's heart condition was not found to be incurred in or aggravated by active military service. Effective dates have been established for the lumbar and cervical spine conditions as well as a TDIU rating.

The Board denied the appellant's claim for proceeds of Service Disabled Veterans' (RH) Insurance as the veteran did not file an application prior to his death and was never found to be mentally incompetent.

The Board found no evidence of a spine disability in service or within one year post-service, and concluded that the current degenerative arthritis is not related to the veteran's neck injury during service. The claim for service connection was denied.

The Board has determined that the veteran's service-connected cervical spine discogenic disease is currently manifested by radiologic evidence of degenerative disc disease at C5-6 and C6-7, complaints of occasional numbness, and no more than moderate limitation of cervical motion. The clinical evidence does not show any significant motor or sensory deficits in the upper extremities. Severe intervertebral disc syndrome of the cervical spine has not been demonstrated at any time since service connection was granted. Therefore, an evaluation of 20 percent, but no more, is warranted for cervical spine discogenic disease.

The veteran's claims for increased evaluations and an earlier effective date for TDIU were denied. The initial disability evaluation for cervical disc disease with headaches was upheld.

The Board denied the veteran's claims for service connection for allergic rhinitis, bronchial asthma, hypertensive cardiovascular disease, and cervical spine arthritis due to a lack of evidence linking these conditions to his military service.

The veteran's disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board has granted service connection for chronic cervical strain and tendonitis of the right shoulder, finding that these conditions are attributable to service.

The Board denied the veteran's claim of entitlement to service connection for a chronic cervical spine disability, including C-7 burst-type fracture residuals with quadriplegia. The Board concluded that the current cervical spine disability did not originate during service.

The Board found no evidence of a causal relationship between the veteran's service-connected right foot pyogenic arthritis and his claimed shoulder, hands, hips, cervical spine, and low back disorders. The claim for secondary service connection was denied.

The veteran's appeal was denied for reimbursement of unauthorized medical services provided from April 7 to 22, 1999. The issue does not involve service connection.

The Board found that the veteran's psychiatric and neck disabilities did not meet the criteria for service connection as they were either pre-existing or not related to military service.

The Board denied the veteran's claims for increased ratings for his cervical spine disorder, lumbosacral strain, and shin splints of both legs.

The Board found that the October 3, 1978 and March 13, 1979 rating decisions denying a total disability rating based on individual unemployability were not clearly and unmistakably erroneous.

The Board determined that the veteran's substantive appeal was not timely filed, and thus denied her claim.

The veteran's appeal is remanded due to the need for additional development, including obtaining recent medical records and a VA examination to assess his cervical spine disability.

The Board has determined that the veteran's cervical spine disability, including arthritis, was not incurred in or aggravated by his active military service.,Service connection for schizoid personality disorder may not be established as a matter of law.

The veteran's service-connected cervical spine fracture of the C5 vertebral body, with residual deformity and secondary headaches, is rated at 40 percent effective November 24, 2000. Prior to this date, a rating in excess of 30 percent was granted.

The veteran's nonservice-connected disabilities, including his right eye disorder and degenerative joint diseases of the lumbar and cervical spines, prevent him from working. However, he is not found to be permanently and totally disabled due to these conditions.