Neck / cervical spine decisions — 2005

The veteran's claims for increased evaluations for his service-connected lumbar and cervical spine disabilities are being remanded due to the submission of new evidence without a waiver by the RO.

Service connection is granted for post-traumatic arthritis of C3 and C4, but denied for degenerative disc disease of the lumbosacral spine. Service connection is also granted for arthritis of both knees, but hearing loss of the right ear remains denied.,The veteran's traumatic arthritis of the cervical spine is linked to an injury sustained while on active duty.

The veteran's claim for service connection for pharyngitis was denied.,Service connection for sleep apnea, secondary to service-connected sinusitis, was also denied.

The VA has determined that the veteran's service-connected fibromyalgia with degenerative joint disease of the cervical spine is currently productive of no more than widespread musculoskeletal pain and tender points, with associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, and/or Raynaud's-like symptoms which are constant (or nearly so), and refractory to therapy. As such, the veteran does not meet the criteria for an evaluation in excess of 40 percent.

The veteran's service-connected degenerative disc disease at L4-5 and L5-S1 is currently rated 40 percent disabling, while his cervical muscle strain with tension headaches is rated 20 percent. The case was remanded for further development.

The Board found that the veteran did not incur additional disability of the left shoulder or neck as a result of right hip surgery performed by VA in December 1993 and May 1996, respectively.

The Board has determined that the veteran's cervical dysplasia does not warrant a compensable evaluation under VA rating criteria.

The Board found that the veteran's back condition was not incurred in or aggravated during service and denied his claim for service connection.

The Board has remanded the case due to the need for additional development, including obtaining the appellant's Social Security Administration records.

The Board found that the veteran's current neck and lumbar problems started after his August 1996 motor vehicle accident, and concluded that these conditions are not related to his service-connected injury. Therefore, he is not entitled to an increased rating for residuals of a back injury with cervical and lumbar myalgias.

The Board denied the veteran's claims for service connection for degenerative disc disease of the lumbar and cervical spine, squamous cell carcinoma (postoperative), and an increased rating for bilateral hearing loss. The evidence did not raise a reasonable possibility of substantiating these claims.

The Board has determined that the veteran's chronic mechanical cervical spine pain originated during active service and granted service connection for this condition.

The Board has determined that the appellant's degenerative arthritis of the cervical spine and lumbar spine are at least as likely as not related to his active service, granting service connection for both conditions.

The Board denied the veteran's claims for service connection for a neck disability, left upper extremity disability (likely a separate disability), and left lower extremity disability, as well as his claim for an increased rating for a left shoulder disability. The reasons were that there was no competent clinical evidence linking these disabilities to service or the veteran's service-connected left shoulder disability.

The veteran's cervical dysplasia claim was denied. The right and left carpal tunnel syndrome, right knee disability, and hemorrhoids claims were granted with increased ratings.

The Board granted service connection for headaches and increased ratings for cervical spine degenerative disc disease, thoracic outlet syndrome on the right, and thoracic outlet syndrome on the left.

The Board denied the veteran's claim for service connection for cervical degenerative arthritis, finding that it was not incurred or aggravated by active duty and there was no evidence of a diagnosis within one year after service.

The Board denied the veteran's claims for an effective date prior to September 15, 1998 for TDIU and denied his increased rating claims for PTSD, right upper extremity injuries, cervical radiculopathy of the right arm, hand and fingers, and Horner's syndrome, right side of face and eye.

The VA determined that the veteran's current cervical spine disability is not related to treatment at the Canandaigua VA Medical Center in 1983, and therefore compensation benefits under 38 U.S.C.A. § 1151 are denied.

The Board has determined that new and material evidence has been received to reopen the veteran's claims of entitlement to service connection for chronic cervical dysplasia and chronic hypercholesterolemia. The issues are now remanded for further development.