Neck / cervical spine decisions — 2005

The veteran's cervical spine disorder is rated at 30 percent, the maximum for a non-ankylosed cervical spine. The dorsal spine and occipital neurectomy disorders are each rated at 10 percent.

The veteran's claim for a separate compensable rating for arachnoiditis of the lumbar and cervical spine was denied. The RO found that to award such a rating would constitute pyramiding under 38 C.F.R. § 4.14 (2004).

The Board has determined that the veteran's service connection claims for residuals of head trauma and degenerative disc disease of the cervical spine are granted, with the presumption of service connection due to combat involvement.

The Board has determined that the veteran's cervical spine disability warrants a rating of 30 percent, effective from March 11, 2000.

The veteran's claims for increased evaluations for his lumbosacral and cervical spine disabilities are being remanded due to the need for additional medical records and examination.

The Board denied the veteran's claims for service connection for degenerative disc disease of the cervical spine and an increased evaluation for bilateral hearing loss. The veteran's cervical spine disability was not shown to be related to service or a service-connected condition, while his bilateral hearing loss was evaluated at 10% based on VA audiometric evaluations.

The Board has determined that the veteran's service-connected residuals of laceration to left patella with tendon involvement do not warrant a compensable rating, and his claim for service connection for cervical strain is granted.

The Board found no evidence of a cervical spine condition or headaches incurred in service and denied the veteran's claims for service connection.

The Board found that the veteran's cervical spine, low back, and chronic headache disabilities were not incurred in or aggravated by active service. The VA examiner did not provide an opinion linking these conditions to military service.

The Board found no evidence to support the veteran's claims of additional disability resulting from VA treatment for a March 1999 fracture of the right ankle, and thus denied her claims under 38 U.S.C.A. § 1151.

The veteran's service-connected disabilities have been granted health care benefits under Chapter 17 of the Veterans' Benefits Act.

The Board has decided to remand the case for additional development of records and a VA examination.

The veteran's appeal has been dismissed due to his death.

The Board finds that the veteran's cervical spine disability was not aggravated by VA's denial of readmission to the domiciliary, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The veteran's cervical spine disability is rated at 30 percent, and the right knee DJD is not service-connected. The carpal tunnel syndrome of the right arm remains at a 10 percent rating.

The Board denied the veteran's claims for service connection of cervical spine disorder, right hip disorder, heart disease, hypertension, and emphysema as secondary to his service-connected right ankle disability. The Board found that there was no evidence linking these conditions to his service-connected condition.

The veteran's claims for service connection and increased ratings were denied. The RO found that tendonitis of both arms was not related to disease or injury in service, and arthritis of the hips, elbows, and cervical spine was not related to disease or injury in service.

The Board has granted service connection for cervical disc disease, but the claim for joint and muscle pain due to an undiagnosed illness remains pending.

The veteran's DDD of the cervical and lumbar spine is service-connected. The sinus disorder, allergies, fever, and throat constriction are not considered to be related to his military service or Agent Orange exposure. His PTSD remains at a 30 percent rating.

The VA denied the veteran's claims for increased evaluations for his left knee and cervical spine conditions, finding that they did not meet the criteria for higher ratings under the applicable diagnostic codes.