Neck / cervical spine decisions — 2005

The veteran's service connection claim for a bilateral knee disability is granted as the current mild degenerative joint disease of the knees was at least as likely as not related to his active duty service.

The Board has remanded the case for further development, including obtaining information about an alleged assault during service and providing appropriate VA examinations to determine if any current diagnoses are related to service.

The veteran's claim for an earlier effective date for nonservice connected pension was denied as there was no informal or formal claim filed prior to the May 15, 2001 application. The RO assigned March 27, 2001 as the effective date based on VA treatment records starting from that date.

The Board denied the veteran's claims for service connection for various spine, shoulder, foot, and ankle disabilities. The appeals were based on direct evidence of these conditions without any presumption or secondary service connection.

The Board denied the veteran's claims for increased evaluations for his degenerative joint disease of the lumbar and cervical spines, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has assigned a 60 percent rating for the veteran's service-connected cervical degenerative disc disease, effective from September 23, 2002, based on the revised criteria in effect at that time. The current rating is higher than what was previously granted.

The Board found that the veteran's service-connected disabilities did not substantially or materially contribute to his death, and thus denied the claim for service connection for the cause of death.

The Board has determined that the veteran's currently diagnosed herniated disc of the cervical spine was not incurred in or aggravated by active service, and is not proximately due to or the result of a service-connected disability. As such, the claim for service connection is denied.

The veteran's prostate cancer and asthma were not found to be related to herbicide agent exposure in service. Service connection for chronic bronchitis, arthritis of the cervical spine, arthritis of the lumbar spine, and arthritis of the shoulders was also denied.

The Board denied the veteran's claims of service connection for various conditions, finding that there was no evidence to support a link between his current disabilities and his military service.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, as well as his right shoulder and left shoulder separation disabilities. The RO had previously increased some of these ratings but the veteran continued to assert entitlement to higher ratings.

The Board found that the veteran's current head, cervical spine, and lumbosacral spine disabilities are not shown to be causally related to a disease contracted or injury sustained in service, including his already service-connected left thigh injury. Therefore, they were denied secondary service connection.

The veteran's right ankle disability, cervical spine disorder, headaches, and bilateral shoulder disability were all granted service connection. The right ankle was increased to a 20% rating.

The veteran's appeal has been withdrawn before the Board could make a decision.

The RO denied reopening the claim for service connection due to lack of new and material evidence, resulting in a final decision.

The veteran's cervical spine arthritis is rated at 10 percent, right hand arthritis at 10 percent, and thoracic spine arthritis is denied. The veteran was granted a higher rating for his right hand arthritis.

The Board has denied the veteran's claims for service connection for PTSD and a neck disorder. The claim for PTSD was not substantiated, while the claim for a neck disorder is still pending as new evidence has been submitted to reopen it.

The veteran's appeal includes claims for increased ratings and service connection for various conditions. The RO has granted a 20 percent rating for degenerative joint disease of the lumbar spine, but the cervical-thoracic spine and right shoulder disabilities are not currently rated under the old criteria due to their protected status. The case is being remanded for further development including additional VA examinations and consideration of new evidence.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or on account of being housebound is denied as he does not meet the criteria for either.

The veteran's cervical spine disability was granted a 20 percent evaluation from December 11, 2001 to March 18, 2005 and a 30 percent evaluation beginning March 19, 2005. His right tibia fracture residuals were also granted a 20 percent evaluation from December 11, 2001 to March 18, 2005 and a 30 percent evaluation beginning March 19, 2005.