Neck / cervical spine decisions — 2003

The Board has reopened the veteran's claim of service connection for a gastrointestinal disorder. The issues on appeal include service connection for cervical spine degenerative joint disease, evaluation for metacarpal fracture, and reopening of the gastrointestinal disorder claim.

The Board has determined that the veteran's cervical spine and lumbar spine disabilities are related to his active duty service, granting service connection for both conditions.

The Board has found that the veteran's cervical strain is due to an in-service injury and granted service connection for this condition.

The Board denied the veteran's claims for service connection for a cervical spine disability and an increased rating for residuals of fractures of the maxilla, nasal, and zygomatic bones. The veteran was not granted any new ratings.

The Board has determined that the veteran's headaches and cervical spine disorder are related to his service-connected shell fragment wounds, and thus grants these claims.

The Board found that the veteran's cervical and lumbar paravertebral spine disorders were not incurred or aggravated during his military service, as they preexisted entrance into service. The condition was presumed to have existed prior to service.

The Board denied the veteran's claim for service connection for a chronic acquired cervical spine disorder, finding that there was no evidence linking his current condition to his active duty or any service-connected disability.

The Board has ordered further development due to the need for additional medical records. The case will be returned to the RO for this purpose.

The Board has granted service connection for cervical spine degenerative arthritis and lumbosacral spine degenerative arthritis, finding that these conditions originated during wartime service.

The Board has ordered further development due to the need for additional evidence or clarification. The case is now being sent back to the RO for a review and potential remand based on the requested development.

The Board denied the veteran's claims for service connection for a cervical spine disability on a secondary basis and an increased rating for lumbosacral strain, finding no relationship between his cervical spine disability and his service-connected lumbosacral strain or left ankle sprain. The temporary total disability rating under 38 C.F.R. § 4.30 was also denied.

The veteran's service connection for sleep apnea was granted. The issues of service connection for Hepatitis B, Porphyria Cutanea Tarda, Hepatocellular Liver Disease secondary to Hepatitis C infection, Degenerative Joint Disease of the Cervical Spine and Degenerative Disc Disease C5-6 with Mild Neural Foraminal Encroachment, and Post-Traumatic Stress Disorder (PTSD) were all granted. The veteran's service connection for bilateral high frequency sensorineural hearing loss is pending.

The veteran's request to reopen his claim for payment or reimbursement of unauthorized medical expenses incurred between October 1990 and April 1991 was timely filed, as the RO found that he had submitted a timely claim within two years of notification of service connection.

The veteran's claim for a TDIU is being remanded due to the need to determine if he was entitled to this benefit during the one-year period preceding his March 19, 2001, claim. The RO increased his combined rating to 70 percent effective March 31, 2001.

The Board denied the veteran's claims for service connection for flat feet and a disorder of the cervical, thoracic, and lumbar spine. The veteran entered service with preexisting pes planus that did not undergo an increase in severity during service.

The Board has determined that the veteran does not have a diagnosed cervical spine disorder or psychiatric disorder, and therefore, service connection for these conditions cannot be granted.

The Board has determined that the veteran's renal insufficiency and polycystic kidney disability is proximately due to or the result of his service-connected degenerative joint disease of the left knee, which he treated with NSAIDS.

The veteran's appeal involves claims for an increased rating for PTSD and service connection for a cervical spine condition with muscle tension and spasms, which are secondary to his service-connected PTSD. The case is being remanded due to the need for further development of evidence.

The Board found that the veteran's service-connected left leg peroneal nerve injury did not cause or contribute to his death. The primary cause of death was cardio-pulmonary arrest due to gastrointestinal hemorrhage, with cervical spondylitic myelopathy as a contributory cause. The appellant's claim that falls caused by her husband's foot drop contributed to the cervical spine disability is not supported by medical records.

The Board has determined that the veteran's degenerative disc disease of the cervical spine and thoracic outlet syndrome are related to his service, granting service connection for these conditions.