Neck / cervical spine decisions — 2003

The Board found that the veteran's current cervical spine disability, diagnosed as degenerative disc disease, is related to his service-connected lumbar spine condition and granted service connection for this secondary disability.

The Board found no evidence linking the veteran's current cervical spine disability to his service, and denied his claim.

The Board found that the veteran's cervical spine disorder was not incurred in or aggravated by active service, nor is it proximately due to his service-connected lumbosacral strain. Therefore, the claim for service connection was denied.

The Board granted an initial rating of 20 percent for the veteran's service-connected cervical spine disorder, effective from November 1, 1996.

The veteran's claims for service connection for arthritis of the cervical spine and shoulders, unspecified disabilities due to gas chamber exposure, mustard gas, tear gas, Agent Orange, radiation exposure, drug experimentation and human experimentation, hypertensive cardiovascular disease (hypertension), lung disability and density, acute situational maladjustment - paranoid personality disorder, and radiation colitis have been denied. The claims for service connection for headaches were reopened.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a cervical spine disability, resulting in its denial.

The Board has determined that the appellant's degenerative disc disease of the cervical and lumbar spine, as well as thoraco-lumbar dextrascoliosis, are residuals of a motor vehicle accident during service. The appeal is granted.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing due to lack of anatomical loss or use of one or both lower extremities.

The veteran's service-connected disabilities have resulted in loss of use of both feet, meeting the criteria for special monthly compensation based on loss or loss of use of both feet. The veteran is also eligible for financial assistance in purchasing an automobile or other conveyance and adaptive equipment due to his service-connected conditions.

The veteran's claims for higher evaluations for his right wrist disability, cervical spine degenerative disc disease, and lumbosacral strain have been granted. He is now rated at 20 percent for each of these conditions.

The veteran's appeal has been dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of this claim.

The Board found no evidence of current heart, cervical spine, thoracic spine, or eye disabilities related to service. The veteran's claims for these conditions were denied.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.

The Board denied the veteran's claims for service connection for PTSD, rib disability, and head disability. The claims for chronic foot infection, peripheral neuropathy, neck disability, and shoulder disability were reopened based on new evidence, but no service-connected disabilities are currently found.

The Board has determined that the veteran's current headaches and cervical spine disorder are related to his service, including a head injury in service. The VA rating assigned is 30% for the headache condition.

The Board has granted service connection for cervical musculature damage as secondary to the veteran's in-service shell fragment wound, but denied service connection for localized degenerative arthritis around C-1. The issue of an evaluation in excess of 10 percent for scars of the neck and back of head with retained foreign body is remanded due to a pending NOD.

The Board found that the veteran's cervical spine and right hand disabilities were incurred during his period of active service, while his right elbow disability was not. The right knee disability is considered a current condition unrelated to service.

The Board denied the veteran's claim for service connection for a cervical spine disability, finding no link between his current condition and his military service.

The Board has determined that the veteran's degenerative joint and disc disease of the cervical and lumbar spine were not incurred or aggravated by service, nor can they be presumed to have been incurred therein. The evidence does not support a finding that these conditions are related to service.

The Board has reopened the veteran's claims for service connection due to new and material evidence. The Board found that his current cervical spine, lumbodorsal spine, and right knee disorders are related to injuries sustained in a helicopter crash during active duty.