Neck / cervical spine Board decisions

The Board denied service connection for hernia, degenerative disc disease of the lumbar and cervical spines, residuals of a left knee injury, and residuals of a right foot injury. The reasons given were that there was no evidence of preexisting conditions or aggravation during active duty.

The Board denied the veteran's claims for an earlier effective date for a compensable rating of his cervical spine disability and service connection for residuals of shrapnel wound to the left jaw, finding that the earliest effective dates provided by law were appropriate.

The veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment.

The Board found no clear and unmistakable error in the August 1981 rating decision denying service connection for thoracic back strain and cervical strain, as well as the June 1997 rating decision declining to reopen the claim. The veteran's contentions regarding CUE were not supported by evidence or reasoning.

The Board has determined that the appellant's claim of service connection for degenerative joint disease of the cervical spine should be remanded due to the recently enacted Veterans Claims Assistance Act of 2000 (VCAA), which eliminated the requirement of a well-grounded claim. The appeal regarding an increased evaluation for lumbosacral strain is still pending and will be addressed after further development.

The Board denied the veteran's claim for an earlier effective date of March 3, 1997 for a 60 percent disability evaluation for cervical spine disc herniation at C4-5 and C5-6. The decision found that it was not factually ascertainable that the symptomatology met the schedular criteria prior to March 3, 1997.

The veteran's claims for increased ratings for chronic low back strain and degenerative joint disease of the cervical spine have been granted, with a rating of 40 percent each effective from the date of this decision.

The Board has determined that the veteran's cervical strain, lumbosacral strain, and residuals of left knee meniscectomy warrant initial disability ratings of 10 percent each. The veteran's service-connected conditions are not related to any specific exposure basis or presumption.

The Board has determined that the earliest date as of which it is factually ascertainable that an increase in disability had occurred, and thus an effective date of July 23, 1996 for a total rating based on individual unemployability is granted.

The Board has determined that the effective date for the award of service connection for a herniated nucleus pulposus, C5-C6, status postoperative cervical fusion is January 24, 1997.

The Board found that the veteran's arthritis of the cervical spine was not incurred in service and may not be presumed to have been incurred. However, the Board determined that his arthritis of the dorsal spine was caused by an injury sustained during service.

The veteran's claims for higher ratings on his varicose veins, disfiguring scars, limitation of motion in the cervical spine, and scars with neuropathy were all denied. The current ratings assigned are considered appropriate.

The Board denied service connection for cervical and lumbar spine disabilities, finding that new and material evidence had not been submitted to reopen the claims. The RO also denied an increased rating for conversion reaction.

The Board denied the veteran's claims for service connection for various conditions, including left knee disorder, right knee disorder, fecal incontinence, cervical spine disorder (claimed as region between lumbar and cervical area), and depressive disorder (claimed as post-traumatic stress disorder). The decision also denied increased evaluations for certain disabilities.

The Board denied the veteran's claims for higher initial evaluations for his service-connected degenerative joint disease and disc disease of the thoracic, cervical, and lumbar spine.

The Board found no current residual disability related to the veteran's inservice exposure to cold, and thus denied service connection for frozen feet, legs, and lower torso.

The Board has granted a compensable rating of 20 percent for the veteran's chronic cervical strain, effective April 1, 1999.

The VA denied the veteran's claim for reimbursement of medical expenses incurred at a non-VA hospital due to lack of authorization and availability of VA facilities.

The Board has granted a rating of 20 percent for the veteran's service-connected degenerative changes of the cervical spine and both great toes, effective from August 13, 1996.

The VA granted the veteran's claim for service connection for cervical spine strain with degenerative arthritis, assigning a 10% evaluation effective June 1, 2000. The decision also addressed the veteran's claim for malocclusion with TMJ dysfunction and granted it.