Neck / cervical spine Board decisions

The Board denied the veteran's widow's claims for service connection for the cause of his death, DIC under 38 U.S.C. § 1318, and dependents' educational assistance benefits pursuant to Chapter 35 of 38 U.S.C., finding that none of her allegations were supported by medical evidence linking his heart disease or other service-connected conditions to his fatal car accident.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a disability of the cervical spine, which was previously denied in March 1996.

The Board has denied the veteran's claims for increased evaluation of PTSD and special monthly compensation based on need for regular aid and attendance.

The Board found that the veteran's cervical spine pathology did not begin in service and is not related to any injury sustained during service. The claim for secondary service connection remains unadjudicated.

The Board has granted service connection and a 10 percent rating for the veteran's low back disorder, effective from October 1993. The veteran's claim for a higher rating remains pending.

The Board has denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing that his current cervical spine, right leg, and arm weakness were caused by VA treatment in June 1998. The special monthly pension claim is pending further development.

The Board has determined that the veteran does not have current disabilities of arthritis of the cervical spine or hands, and therefore, service connection for these conditions is denied.

The Board found that the criteria for a compensable rating for residuals of a nose fracture and septoplasty have not been met at any time since the award of service connection for that disability. The veteran's claims of service connection for cervical strain and headaches are remanded due to insufficient evidence regarding their current existence or relationship to her military service.

The Board found no evidence that the veteran's current neck disability is related to his service, including a motor vehicle accident in 1982. The VA examiner concluded there was insufficient evidence to establish a connection between the veteran's current condition and his military service.

The Board has determined that additional development is needed due to changes in the law and because of the inadequacy of the previous examination report.

The veteran's service connection claims for arthritis of the ankles, degenerative changes of the lumbar and thoracic spine, and degenerative disc disease of the cervical spine have been granted. The veteran is currently assigned a noncompensable rating for arthritis in both knees.

The veteran's cervical spine intervertebral disc syndrome is currently rated at 10 percent, but the Board finds that a higher rating of 30 percent is warranted due to painful limitation of motion and muscle spasm. Ratings for right wrist tendinitis and strain are not met at any time during the appeal period.

The veteran's left arm pain and numbness, including thoracic outlet syndrome and ulnar neuritis, as well as his cervical spine condition, were incurred during active service. Service connection is granted for these conditions.

The veteran is seeking service connection for residuals of a cervical spine injury, including headaches and depression. The Board has ordered additional examinations to determine the nature and extent of any current disabilities and whether they are related to the July 1972 injury in service.

The Board has denied the veteran's attempt to reopen his claim for service connection due to lack of new and material evidence.

The Board has determined that the veteran's claimed disabilities are not related to his service in the Persian Gulf War, and thus does not warrant service connection under the provisions of Chapter 11 of Title 38, United States Code.

The veteran's cervical spine disability was rated at 20 percent from December 31, 1996 to November 16, 1998 and is now granted a higher rating of 60 percent for this period.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including obtaining additional medical records and scheduling the veteran for an examination. The issue of increased evaluation for his cervical spine disability will also be addressed.

The Board has granted a 20 percent rating for the veteran's left ulnar nerve transposition and left elbow capsulectomy, effective from May 1996. The combined disability rating of 100 percent is also granted.

The Board has determined that the veteran's degenerative disc disease of the cervical and lumbar spine did not preexist service or become more severe during service, and thus cannot be presumed to have been incurred therein. The veteran's bilateral carpal tunnel syndrome is also not considered to have been incurred in service.