Neck / cervical spine decisions — 2005

The Board denied the veteran's claims for service connection for bilateral hearing loss, gastrointestinal tract disability, neck disability, and left ankle disability. The reasons were that there was no evidence of current disabilities attributable to service.

The Board denied service connection for post-operative shoulder impingements, residuals of cervical spine decompression surgery, and a skin disorder presumed due to Agent Orange exposure. Service connection was granted for residuals of cervical spine decompression.

The Board found no CUE in the January 1967 rating decision that denied service connection for arthritis of the cervical spine on an accrued basis.

The Board denied the veteran's claims for increased ratings for his cervical spine disability and residuals of sebaceous cysts of the face and ear lobes, finding that the evidence did not support a rating in excess of 20 percent for the cervical spine disability or any compensable evaluation prior to July 12, 2001. The veteran's claim for service connection for a bilateral knee disorder was also denied.

The Board has determined that the veteran's cervical spine disability is not service connected and his claim for increased evaluation of dorsal spine disability with low back pain syndrome was denied.

The veteran's unauthorized medical treatment from September 30 to October 2, 2001 was paid by Medicare and there is no balance due. Therefore, the claim for payment or reimbursement of this cost is denied.

The veteran's claims for service connection were denied across multiple issues, including his psychiatric disorder, diabetes mellitus, retinopathy, peripheral neuropathy of the lower extremities, right knee disorder, left knee arthritis, lumbar spine condition, cervical spine condition, lung disease (asbestosis), and hypertension. The Board found that new evidence did not reopen his claim for an acquired psychiatric disorder but denied all other claims.

The Board denied service connection for cervical spine disability and headaches, as well as the reopening of a right knee disability claim. The veteran's current conditions are not related to his military service.

The veteran's initial increased disability ratings for her service-connected cervical strain with right shoulder involvement and chronic lumbar strain with degenerative disc disease secondary to trauma have been denied.,Her PTSD has also been denied an increased rating.

The veteran's appeal is being remanded for further hearing and review.

The veteran's claims for respiratory, right ankle, cervical spine, low back, and bilateral hip disabilities were denied as they are not service-connected.,Service connection was granted for a left knee arthroplasty (rated at 30%) and residuals of a fracture to the left femur (rated at 10%).

The veteran's appeal is being remanded for further development and adjudication of the issues related to PTSD, cervical radiculopathy/myelopathy, and the initial rating for residuals of cervical spine injury with degenerative changes.

The veteran's claim for a higher evaluation for his service-connected neck disability is being remanded due to the need for additional medical examination and consideration of relevant rating criteria.

The veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claims of service connection for a cervical spine/neck disorder, bilateral pes planus, and right trapezius strain. The VA determined that these conditions were not incurred in or aggravated by service.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has remanded the veteran's claims due to further development being required, including obtaining medical records and scheduling a hearing. The claim for service connection will be reconsidered in light of new guidelines.

The Board has granted the veteran's claims for service connection for PTSD, tinea pedis (skin rash and peeling skin of both hands and feet), deviated septum, gastroesophageal reflux disease (GERD), and insomnia. The veteran's service records show that he experienced stressors related to his service in Southwest Asia, including exposure to enemy combat situations and witnessing the deaths of fellow soldiers.

The veteran's cervical and lumbar spine disabilities are not service-connected. The arthritis of the thoracic spine is granted, but with a noncompensable rating. The peptic ulcer disease remains rated at 10%. The hypertensive cardiovascular disease is increased to 30% prior to January 12, 1998 and denied for an increase beyond that date.

The Board has determined that the veteran's service-connected residuals of a cervical spine injury warrant a 40 percent rating, effective October 29, 1993.