Neck / cervical spine decisions — 2005

The Board denied the veteran's claims for service connection for arthritis of the cervical spine, disability of the knees, left elbow, and feet, a psychiatric disability including anxiety disorder and depression, and vertigo. The appeals were all denied as new and material evidence was not received to reopen any of these previously denied claims.

The Board denied the veteran's claims for service connection for a cervical spine injury, left ankle injury, and chronic fatigue syndrome due to new and material evidence.

The Board has determined that the veteran's cervical spine disability is proximately due to or the result of his service-connected thoracic-lumbar spine disability, and thus grants service connection for this condition. The evaluation for the veteran's thoracic-lumbar spine disability remains at 50 percent.

The Board denied the veteran's claims for service connection for arthritis affecting his cervical and lumbosacral spines, knees, and ankles as secondary to his service-connected burn scars. The veteran was also denied increased ratings for his third degree burn scars of the posterior left lower extremity, right lower extremity, and chest/back area.

The Board determined that the appellant is not entitled to an effective date prior to June 16, 1998 for the assignment of a 60% rating for service-connected cervical spine disorder.

The veteran's claims for service connection were denied. The appeals are all based on reopening of previously denied claims, and the issues involve new evidence.

The Board has reopened the veteran's claim for service connection due to new evidence, but has denied the claim on the merits as there is no causal link between his current neck and shoulder disabilities and his military service.

The Board denied the veteran's claim for an effective date prior to June 10, 2003 for a total rating for compensation purposes based upon individual unemployability due to her service-connected disabilities.

The Board denied service connection for left knee disorder, right knee disorder, and cervical spine disorder. The disorders were not found to be related to the veteran's military service.

The Board denied the veteran's claims for higher ratings for his right knee pain and degenerative disc disease of the cervical spine, finding that the preponderance of the evidence did not support a higher rating under the applicable criteria.

The Board has granted service connection for a cervical spine disorder, but denied service connection for a thoracic spine disorder due to the veteran's failure to report for a VA examination.

The veteran's cervical neuritis of the right arm, sciatic neuropathy of the right leg, and cervical neuropathy of the left arm have been granted increased ratings to 40 percent each.,These increases are based on current medical evidence showing moderate to severe sensory disturbances with some organic changes in all three conditions.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and addressing whether new and material evidence has been presented to reopen the claim for service connection for Charcot-Mar-Tooth disease.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied as there is no current medical evidence of any left arm disability.

The veteran's claims for increased ratings for degenerative joint and disc disease of the lumbar spine, cervical spine, and thoracic spine were denied as his conditions did not warrant higher initial evaluations.

The veteran's claim for an increased rating for carpal tunnel syndrome was granted, and he is now rated at 50 percent effective July 10, 2002. Service connection for GERD, degenerative disc disease (DDD) of the cervical spine, and low back disorder were also granted.

The Board denied reopening the claims for service connection for lumbar spine, cervical spine, right arm (including right elbow), and right leg disabilities due to lack of new and material evidence.

The Board has determined that the veteran's DJD of the cervical spine did not occur in service and is not a result of or aggravated by his service-connected lumbosacral strain. Therefore, the claim for service connection is denied.

The Board found that the veteran's cervical and thoracic spine disorders were not incurred in or aggravated by active service, and may not be presumed to have been incurred therein. The veteran's cervical and thoracic spine disorders are also not proximately due to or the result of his service-connected ankle disorder or his service-connected low back disorder.

The veteran's low back disorders, diagnosed as lumbosacral strain and intervertebral disc space narrowing of the L5-S1, are found to be service-connected.,A diagnosis of hemangioblastoma of the second cervical vertebra is noted. The examiner opined that it was not likely related to exposure to toxic gases.