Neck / cervical spine decisions — 2005

The veteran is seeking service connection for his cervical and lumbar spine disabilities. The case has been remanded due to deficiencies in the VA examination report.

The Board has determined that the veteran's vocal cord dyskinesia and post-operative cervical stenosis due to dysplasia do not warrant a compensable rating as there is no evidence of hoarseness or upper airway obstruction, respectively. The claim for these conditions are therefore denied.

The Board denied service connection for prostatitis, bilateral eye disorder (presbyopia and hyperopia), and cervical spine disorder. The claim for benefits under 38 U.S.C.A. § 1151 for hepatitis B and/or C based on VA treatment in December 1994 is not applicable as the veteran's condition was reopened.

The Board denied the veteran's claims for service connection for spondylosis of the cervical spine and lumbar spine, finding that there was no evidence linking these conditions to his military service.

The Board denied the veteran's claims for increased ratings for his service-connected headaches and cervical spine disability, finding that the evidence did not meet the criteria for a compensable rating prior to April 2000 and a 30 percent rating beginning in April 2000. The Board also found that the current level of impairment due to the cervical spine disability does not warrant a rating higher than 10 percent.

The veteran's appeal is remanded due to the need for further development, including a VA examination and adjudication of service connection claims. The case will be returned to the Board after these actions are completed.

The Board has determined that the veteran's cervical and thoracic spine disorders are not caused or aggravated by his service-connected low back disability.

The Board has remanded the case for additional development, including obtaining service medical records and VA treatment records. The issues on appeal are whether the veteran is entitled to service connection for a cervical spine disability, a psychiatric disability, carpal tunnel syndrome of the right hand, and a right knee disability.

The Board has determined that the veteran does not have a neck or back disability that is related to his military service and therefore denied both claims for service connection.

The veteran's claims for service connection for a cervical spine disability, and initial evaluations for left shoulder injury and right shoulder tendonitis are denied. The veteran is currently assigned a 10 percent evaluation for chronic tendonitis of the right shoulder effective from January 7, 2005.

The Board has determined that the veteran's cervical spine disability was not incurred or aggravated by service, and therefore denied his claim.

The Board has remanded the case due to incomplete medical records and the need for further examination.

The Board denied the veteran's claims for an initial compensable rating for her low back disorder and service connection for her cervical spine disorder, finding that she did not meet the criteria for a higher rating based on the evidence of record.

The Board denied the veteran's claim for service connection for cervical spine disability with headaches as secondary to his service-connected right knee disorder. The decision is final.

The Board has determined that the veteran's death was not caused by a service-connected disability, and therefore denied the claim for service connection for the cause of the veteran's death.

The VA determined that the veteran's service-connected cervical spine disability warrants a rating of 10 percent effective as of May 2003, based on slight limitation of motion.

The Board has determined that the veteran's claimed conditions, including osteoarthritis of the lumbar spine, cervical spine, fibrocystic breast disease, chronic residuals of right inguinal and umbilical hernia repairs, and a sigmoid colon disability, are not related to service or secondary to a service-connected condition. The examiner opined that these conditions are unrelated to her service-connected bilateral knee disabilities.

The Board has denied the veteran's claim for an effective date earlier than August 14, 1998 for service connection of PTSD. The issue of a higher initial rating for arthritis of the cervical spine is addressed in the REMAND portion of this decision and is REMANDED to the RO via the Appeals Management Center (AMC).

The Board has reopened the appellant's claims of service connection for bipolar disorder, sleep apnea, fractures and degenerative changes of the hips, knees, feet and arms, and fractures and degenerative changes of the cervical, thoracic and lumbar spine and a venous insufficiency. The claims were previously denied in July 1993 but reopened due to new evidence submitted by the appellant.

The Board has determined that the veteran's back and neck disabilities are service-connected, but his coccyx/tailbone disability and right flank disability were not found to be related to service. The initial ratings for the left little finger and right ring finger scars remain at zero percent.