Neck / cervical spine decisions — 2005

The veteran's combined evaluation for nonservice-connected disabilities is 50 percent disabling, which does not meet the criteria for a pension award. The RO found that the veteran was not unemployable due to his current nonservice-connected conditions and therefore denied his claim.

The Board has determined that the veteran does not have a current cervical spine disability and therefore, service connection for this condition is denied.

The Board has determined that the current back disability may be proximately caused by a VA physical therapy treatment in August 2000, but an examination is needed to determine if it was due to the veteran's own fault or negligence. The case will be remanded for further development.

The Board denied increased ratings for the veteran's cervical spine disability, numbness of the left hand, and numbness of the right hand. The claim to reopen a service connection claim for a right knee disorder was also denied.

The Board has determined that the veteran does not have a neck disability, left shoulder disability, or left elbow disability that is related to service. The right shoulder disability is currently rated at 40% due to moderate incomplete paralysis of the upper radicular group (C5-6).

The veteran's appeals for increased disability ratings have been dismissed due to his withdrawal of the appeal.

The Board has determined that the veteran's neck injuries, airway obstruction, dysphonia, and dysphagia are not service-connected.,Service connection for herpes zoster with neurological deficits is also denied.

The veteran's bilateral hearing loss and tinnitus are service-connected due to noise exposure during military service. Service connection is also granted for bleeding esophageal varices, but not related to the service-connected gastrointestinal reaction. The low back and cervical spine disabilities are not service-connected.

The veteran's claims for an increased rating and service connection were denied. The RO found that the right knee disability did not warrant a higher rating, and there was no evidence linking his cervical spine or left hip conditions to his service-connected right knee condition.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the veteran's current cervical spine condition is related to service.

The Board has determined that the veteran's current lumbar and cervical spine disorders, including arthritis, are not related to his in-service automobile accident or service. Therefore, these conditions do not meet the criteria for service connection.

The VA determined that the veteran's cervical spine disability, currently rated at 10 percent, does not warrant an increased rating based on current evidence.

The VA denied the veteran's claim for an increased rating for his service-connected cervical spine disorder, finding that the evidence did not support a higher evaluation.

The Board has reopened the claim for service connection of a neck disability due to new and material evidence submitted by the veteran. The claim is now considered on its merits.

The Board denied service connection for neck and shoulder disabilities, as well as an increased evaluation for chest wall injury with pneumothorax and fractured rib. The evidence did not support a relationship between the veteran's current conditions and her active military service.

The Board denied service connection for an acquired psychiatric disorder and a cervical spine disorder, finding that the veteran's current conditions were not incurred or aggravated by his military service.

The Board has determined that there is no evidence of a current diagnosis of a cervical spine disorder, and the veteran's symptoms are clinically associated with muscular problems. The claim for service connection for a cervical spine disorder is denied. For the scar behind the left ear status post exostosis excision, the VA examinations did not find any compensable disfigurement or other characteristics under the old rating criteria, and there was no evidence of instability or pain to warrant a higher rating.

The veteran's claims for headaches, neck disability, and depression are being remanded to obtain additional medical records and determine the relationship between his current conditions and service.

The Board found no evidence of current back, cervical spine, right knee, or right hip disorders related to service. The veteran's claims for these conditions were denied.

The Board has determined that the veteran's diagnosed conditions, including arthritis of the shoulders, cervical and lumbar disc disease, bilateral knee disorder, bilateral hearing loss, and hypertension are related to his active service. The appeal is granted for these issues.