Neck / cervical spine decisions — 2004

The veteran's claim for special monthly compensation by reason of being housebound was denied as he does not meet the threshold criteria of having a single service-connected disability rated at 100 percent.

The veteran's claim for an effective date earlier than January 6, 1999 for the award of service connection for degenerative joint disease of the cervical and thoracic spine was denied. The rating assigned is 10 percent.

The veteran's headaches are rated at the highest schedular evaluation of 50 percent, effective from the date service connection was granted. The right shoulder and cervical spine disabilities each receive a 30 percent rating.

The veteran's claims for increased ratings and service connection have been denied. The headaches claim is denied as the evidence does not show characteristic prostrating attacks, while the low back and neck disability claims are based on the current rating criteria.

The Board has denied the veteran's appeals for service connection for blood clots and cancer, as well as his appeal for a temporary total disability rating under 38 C.F.R. § 4.30 following cervical spine surgery in 1995. The effective date of TDIU benefits was determined to be July 15, 1996.

The Board has determined that the veteran's degenerative disc disease of the cervical and lumbar spine is service-connected, with no gaps in the record indicating a need for further investigation or evidence.

The veteran's appeal was denied as he did not have qualifying service for basic eligibility to receive nonservice-connected pension benefits.

The Board denied the veteran's claims for increased evaluations for his post-traumatic stress disorder, lumbosacral strain with degenerative changes, and cervical strain with degenerative changes. The RO granted a 40 percent evaluation for residuals of lumbosacral strain with degenerative changes effective August 7, 2001, and a 30 percent evaluation for residuals of cervical strain with degenerative changes as of that date.

The Board has determined that the appeal is REMANDED to the RO for further development and consideration of the veteran's claims.

The VA determined that the veteran's cervical spine disorder and arthritis were not incurred in or aggravated by active military service, nor may they be presumed to have been incurred therein.

The veteran's claims for increased ratings for cervical spine degenerative joint disease and myofascial pain syndrome of the lumbar spine with disc protrusion at L4-5 were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The Board found that the veteran's neck disability is not related to his military service and denied his claim.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection of degenerative arthritis of the cervical spine and back pathology with arthritis of the lumbar spine. The case is remanded for further development.

The Board has decided to remand the case for further development of medical evidence, including VA spine and knee examinations.

The Board denied the veteran's claims for service connection for PTSD, depression with memory loss, chronic diarrhea, cervical spine disability, and skin rash as they did not meet the criteria for a diagnosis of PTSD or were not linked to his in-service stressors. The diagnoses offered have been depression.

The veteran claims service connection for a cervical spine disability, but the appeal is remanded due to incomplete records and verification of his reserve service.

The veteran's claims of increased ratings and service connection for his shoulder, foot, back, and neck conditions are being remanded due to the need for additional examinations and development.

The Board has determined that the veteran's right ear hearing loss was aggravated by his military noise exposure, warranting service connection. The cervical spine disability is found to be at least as likely as not related to in-service neck pain.

The veteran's claim for an increased evaluation of his service-connected residuals of a fracture of the cervical spine at C-2 is being remanded due to the need for additional development, including obtaining VA medical records and scheduling the veteran for a VA examination.

The Board found that the veteran's cervical spine and low back disorders are not due to injury or disease incurred in service, nor can arthritis be presumed to have been incurred in service.