Neck / cervical spine decisions — 2005

The veteran's claim seeking an increased rating for his cervical spine/neck disability was denied because he failed to report for a scheduled VA examination without good cause.

The veteran's claim for an increased rating for cervical spine disability was denied for the period from January 16, 2001 to February 25, 2001 and June 1, 2001 to September 23, 2002. However, his current evaluation of 30% is maintained.

The Board denied the appellant's claims for service connection for left knee, lumbar spine, cervical spine and left ankle disorders due to lack of evidence showing these conditions were incurred or aggravated during periods of active duty training.

The Board has granted service connection for gout, but denied the remaining issues of cervical spine disability, cardiovascular disability, bilateral shoulder arthritis, and bilateral knee arthritis. The veteran's gout is considered to have originated during service.

The Board has determined that the veteran does not have arthritis of the cervical and thoracic spine that is related to military service.

The Board has denied the veteran's claim for a compensable disability rating and special monthly compensation due to insufficient evidence linking her inability to carry a pregnancy to term with her service-connected cervical biopsy.

The veteran's appeals for PTSD service connection, increased ratings for cervical spine disorder and postoperative residuals of Haglund's deformity of the heels, as well as an original rating for fibromyalgia are being remanded due to new evidence submitted by the veteran.

The veteran's stomach tumors with gastrectomy are not related to active service, presumptively or otherwise. The claim for service connection is denied.

The Board denied the veteran's claims for increased ratings for his neck and right shoulder disabilities, as well as compensable initial ratings for atrophy of salivary glands with impairment of mastication, diminished sense of smell, and diminished sense of taste.

The Board has determined that the veteran's cervical spine strain and left shoulder strain are more likely than not associated with her service, granting her claims for these conditions.

The Board has determined that further development is needed before a decision can be made on the merits of the veteran's claims for service connection for anal fissure and neck disability. The case will be remanded to the RO for additional evidence and examination.

The veteran's claims for service connection and increased evaluation were denied. The claim to reopen the cervical spine disorder was not supported by new and material evidence.

The veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his hearing loss, tinnitus, cervical spine disorders, and mental health conditions.

The Board has determined that the veteran does not have a cervical spine disorder that was incurred in or aggravated by active service, and arthritis of the cervical spine may not be presumed to have been incurred as a result of active service. Therefore, the claim for service connection is denied.

The Board has determined that the veteran's folliculitis decalvans, acne, and xerosis are not related to service. The cervical spine and left hip disorders are also not shown to be related to service or secondary to a service-connected condition.

The Board has determined that the veteran did not have a cervical spine injury or arthritis during service, and any such disability was initially shown many years after service. Therefore, service connection for residuals of a cervical spine injury is denied.

The Board denied the veteran's claim for an extension of his Chapter 30 benefits eligibility period due to a physical or mental disability preventing him from initiating or completing a chosen program of education within the applicable eligibility period. The medical evidence did not clearly establish such a disability.

The VA denied the veteran's request for an increased rating for his cervical spine disorder, currently evaluated at 30 percent. The RO considered Diagnostic Codes 5290 and 5287 in evaluating the condition.

The Board denied the veteran's request to reopen his claim for service connection of residuals of a head injury and also denied his claim for a combined disability evaluation greater than 90 percent.

The VA denied a rating in excess of 20 percent for the veteran's degenerative disc disease and arthritis of the cervical spine, finding that his disability is currently rated as 20 percent disabling.