Neck / cervical spine Board decisions

The Board has determined that the veteran's service-connected cervical spine disability does not warrant a rating in excess of 40 percent, and his right shoulder injury is currently rated at 20 percent. The claims are denied.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $827.00, finding that the debt was validly created due to the appellant's failure to notify VA of his divorce from his first wife.

The Board has granted service connection for adenitis, cervical, tuberculous, right unilateral, with cervical scar and assigned a noncompensable evaluation effective July 14, 1998. However, the veteran's representative requested an updated VA examination to assess the current severity of his disability.

The Board denied the veteran's claims for service connection for cervical, thoracic, and lumbar spine disabilities. The claim for an earlier effective date for a right shoulder disability was also denied.

The Board denied the veteran's claims of clear and unmistakable error (CUE) in a September 1998 rating decision that denied an increased rating for residuals of a burst compression-type fracture at C-7 and service connection for PTSD.

The veteran's combined non-service-connected disability rating is 60%, which meets the criteria for a permanent and total disability rating for pension purposes, as she is unable to engage in substantially gainful employment due to her lupus-related conditions.

The Board has determined that the veteran's cervical spine disability warrants a rating of 20 percent, and her lumbosacral strain disability warrants an increased rating to 20 percent. The reduction in the lumbosacral strain rating from 20% to 10% was proper.

The Board denied service connection for various disabilities, including a neck disability and pulmonary disability, as well as bilateral hip, ankle, shoulder, knee, and back disabilities. The decision found no evidence of these conditions during service or due to exposure to herbicide agents.

The veteran's ankylosing spondylitis of the lumbosacral spine is rated at 40 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of the cervical spine is rated at 40 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of the thoracic spine is rated at 20 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of temporomandibular joints is rated at 30 percent, which is already the maximum schedular rating available.

The veteran's disabilities, including hypertension, degenerative joint disease of the cervical spine, and back strain with degenerative joint disease, do not meet the criteria for a permanent and total disability rating for pension purposes due to their combined effect.

The veteran's service-connected disabilities have been rated at 10% and 20% since December 16, 1987. The RO has increased the rating to 20% for his lumbar spine and right hip injury residuals with secondary degenerative disc disease of L4-5 and L5-S1 effective from September 24, 1996.

The Board has granted increased ratings for the veteran's service-connected cervical spine and thoracic spine disabilities, with a 60 percent rating effective from April 12, 1999, for the lumbar spine disability.

The Board has determined that the veteran's current right knee and cervical spine disorders were incurred during service. Service connection is granted for these conditions.

The Board found that the veteran's multiple joint pain and depression were not incurred in service or due to an undiagnosed illness. Service connection was denied for both conditions.

The Board has determined that the veteran's claim for service connection for a major depressive disorder should have been granted effective from March 7, 1997. The award of a total disability rating based on individual unemployability is also effective as of March 30, 1997.

The veteran's claims for increased ratings and service connection were denied. The veteran was already receiving a 30 percent evaluation for his neck condition, but the RO found no basis to increase this rating. For the left scapular region with retained foreign bodies, muscle group I, the RO assigned a 10 percent evaluation effective from July 1964.

The Board has determined that the veteran's cervical laminectomy residuals are secondary to his service-connected bilateral pes planus.

The Board denied increased ratings for residuals of a fracture of the C-2 vertebra with degenerative disc disease of the cervical spine, numbness of the left hand, and numbness of the left facial nerve, maxillary branch due to failure to report for scheduled VA examinations.

The Board has determined that the veteran's service-connected residuals of a cervical spine injury warrant a 60 percent evaluation since March 23, 1995.

The Board denied the veteran's claims for increased evaluations for his service-connected cervical, dorsal, and lumbar spine conditions as well as his PUD. The diagnoses did not support higher ratings under applicable diagnostic codes.