Neck / cervical spine decisions — 2005

The veteran's claim for an earlier effective date for dependency allowance was denied as he did not submit the necessary form to request additional compensation for dependents within one year of receiving notification of his qualifying disability rating.

The Board has remanded the case for further development, including obtaining VA medical opinion and providing VCAA notice.

The Board has denied the veteran's claim for an effective date prior to November 2, 1999 for service connection for limitation of cervical motion secondary to occipital neuralgia. The decision found that any effective date should be after this date.

The Board has determined that the evidence does not support a finding of service connection for a cervical spine disability, manifested by bilateral arm pain.

The Board has denied the veteran's claims of entitlement to service connection for a chronic cervical spine disability and a chronic low back disability, finding that there is no evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for a left knee condition and degenerative joint disease of the cervical spine, both on the basis that they are not proximately due to or the result of his service-connected disabilities.

The Board has determined that the veteran's service-connected cervical paravertebral and upper back myositis warrants a disability evaluation in excess of 10 percent.

The Board denied the veteran's claims for service connection and increased ratings for his fibromyalgia, cervical spine disability, lumbosacral spine disability, left ankle disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The veteran's right upper extremity radiculopathy is found to be directly related to his service-connected cervical spine disability. The veteran's initial rating for degenerative disc disease of the cervical spine remains at 20 percent.

The Board denied the appellant's claims of service connection for cervical spine disorder, dorsal (thoracic) spine disorder, vascular insufficiency of the left lower extremity, left hip disorder, chronic headache disorder, and chronic skin disorder. The appeal is not about any exposure to herbicides or other presumptive conditions.

The veteran's chronic cervical strain was incurred in service, while his chronic cervical disc herniation was not. The Board has granted service connection for the cervical strain but denied it for the cervical disc herniation.

The veteran's major depression is service-connected as secondary to his service-connected residuals of an amputation of the left thumb. The cervical spine and left shoulder disabilities are not service-connected, but are considered secondary to his service-connected residuals of a partial amputation of the left thumb.

The Board found no evidence of a low back injury in service and concluded that the veteran's current lumbar spine disability is not related to his military service. The cervical spine issue was remanded for further development, including obtaining a medical nexus opinion.

The Board denied the veteran's claims for increased evaluations for paresthesias of the right arm and status post Arnold-Chiari Type 1 malformation repair with cervical syrinx C5-T1 and radiculopathy, finding that the evidence did not support a higher rating based on incomplete paralysis.

The Board has denied the veteran's claim for an increased rating for his service-connected cervical spine disability, finding that there is no current evidence warranting a higher evaluation.

The veteran's claim for an increased rating for his low back strain with degenerative changes is being remanded due to the need for further development and clarification of whether any current neurological symptoms can be solely attributable to the low back disability.

The Board denied the veteran's claims for service connection for residuals of a tubal ligation, cervical dysplasia, disorder of the cervical epithelium, and cervicitis as there was no evidence to support these conditions were incurred in or aggravated by service.

The Board has determined that the veteran does not have a current cervical or lumbar spine disorder, right knee or right leg disorder, or left shoulder disorder that is related to his period of service. The VA examiner found no link between any current disabilities and the veteran's service-connected residuals of a left femur fracture.

The veteran's appeal is for an increased rating for cervical spine disability, and service connection for various other conditions. The current rating of 30 percent for the cervical spine disability remains in effect.

The veteran's claim for service connection for PTSD with schizophrenia, memory deficit, insomnia and sleep apnea due to nerves, cervical dysplasia, and endometriosis is denied. The Board found no current disability related to hypothermia in service.