Neck / cervical spine decisions — 2004

The Board has granted service connection for postoperative residuals of cervical spine diskectomy and fusion at the C6-C7 level and degenerative joint disease of the right shoulder, finding that these conditions began during active military service.

The Board found that the appellant does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound due to her physical limitations.

The Board denied the veteran's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate due to his non-service connected disabilities, finding that he is not in need of such benefits.

The Board denied service connection for degenerative joint disease of the cervical and lumbar spine, finding no competent medical evidence linking these conditions to service or the initial post-service year.

The veteran's right carpal tunnel syndrome is granted with a 10% evaluation. Service connection for left carpal tunnel syndrome is granted.

The veteran's service-connected left thumb and index finger disabilities are rated at 40 percent combined. The right little finger disability is rated as noncompensable.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a lumbar spine disorder, which is now granted. The examiner found that the current lumbar spine disorder is more likely than not related to his service-connected cervical spine disability.

The Board has granted service connection for low back, cervical spine, bilateral foot and toe disabilities, and right ear hearing loss. The veteran's current conditions are found to be related to his military service.

The veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the case as he is no longer alive.

The veteran's cervical spine disability is currently rated at 60 percent, and the Board has found that this rating adequately reflects his symptoms.

The Board denied the veteran's claims for service connection for a lumbar spine disability and a cervical spine disability, finding that these conditions were not incurred in or aggravated by service. The total rating based on individual unemployability due to service-connected disabilities was also denied.

The Board denied an evaluation in excess of 10 percent for the veteran's cervical spine disability prior to September 26, 2003 and denied an evaluation in excess of 20 percent for the same condition on and subsequent to that date.

The Board denied the veteran's appeal for service connection for headaches, memory problems, and musculoskeletal disorders of the cervical and lumbar spines. The claim to reopen her arthritis claims was also denied.

The Board denied the veteran's claims for higher ratings for cervical spine arthritis and radiculopathy, arthritis of the lumbar spine, and paresthesia of the alveolar nerve, left jaw.

The Board has determined that the veteran does not have a current left elbow disability and therefore, service connection for this condition is denied. The claim for an initial compensable rating for left shoulder adhesive capsulitis will be remanded to obtain updated medical records and schedule a new VA examination.

The Board has determined that there is no competent medical evidence linking the veteran's current head, neck, or upper back disabilities to his military service. Therefore, service connection for these conditions cannot be established.

The Board has remanded the case for additional development, including obtaining details about a reported motor vehicle accident and reviewing the veteran's service medical records to determine if his current back disabilities are related to military service.

The veteran's service-connected disabilities prevent him from obtaining and maintaining gainful employment, but further medical examination is needed to determine the extent of his disability.

The Board denied the veteran's claims for service connection for a cervical spine disorder and entitlement to an increased rating for her right ankle disorder, finding that there was no evidence of in-service injury or aggravation, and that her current conditions are not related to her military service.

The VA has determined that the veteran's service-connected cervical spine arthritis warrants a 20 percent evaluation, which is denied as it does not meet the criteria for an increased rating.