Neck / cervical spine decisions — 2005

The Board finds that the veteran's cervical spine disability, including arthritis, is service-connected and grants a rating of 40 percent. The psychiatric disability claim is denied. The right thoracic outlet syndrome is granted restoration to a 20 percent rating.

The veteran does not have disabilities involving the head, neck or back as a result of an injury, or aggravation of an injury, attributable to a December 1998 VA shuttle van incident. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has decided to remand the case for further development, including a VA examination to determine if the veteran's cervical spine disability is related to his service-connected lumbar spine disability.

The case is being remanded for additional development and initial RO consideration of the new evidence. The veteran's notice of disagreement on residuals of left eye trauma has been placed in appellate status, so a statement of the case must be issued.

The veteran's claims for increased PTSD rating, reopening of service connection claims for arthritis of the cervical spine and residuals of a back injury were denied. The effective date for the grant of PTSD was set at October 15, 2004.

The Board denied the appellant's claims for an earlier effective date and a higher rating for cervical spine disability, as well as his service connection claims for thoracic spine disorder, nerve damage to both lower extremities, pes planus, plantar warts of the feet with callous formation and residual scars, and bilateral hip disorder. The Board found that there was no evidence of current disabilities or new and material evidence to reopen previously denied claims.

The veteran's claim for service connection for a cervical spine disorder has been dismissed due to the death of the veteran.

The Board has determined that the veteran's cervical spine and shoulder disabilities are not related to service, and thus denied his claims for service connection.

The veteran is seeking compensation under the Veterans' Compensation Act (38 U.S.C.A. § 1151) for complications resulting from a cervical spine surgery performed at a VA Medical Center in June 2001. The case has been remanded to obtain additional medical records and determine if there are any new disabilities due to the surgery.

The Board has granted separate 10 percent ratings for arthritis of the right knee, left knee, and cervical spine during the entire period covered by this appeal.

The Board denied service connection for the removal of the right testicle, degenerative disc disease of the lumbar and cervical spine, and residuals of a right foot injury. The appellant's appeal was withdrawn regarding his left knee disability.

The VA determined that the veteran does not have left ear hearing loss, and denied his claim for service connection.,Regarding the cervical spine/upper back condition, the VA found insufficient evidence to grant service connection on a direct basis or as secondary to service-connected shoulder disability.

The Board finds that the veteran's service connection claim for degenerative joint disease with degenerative disc disease of the cervical and thoracolumbar spine is denied as there is no competent evidence linking any current disability to his military service.

The Board finds that the veteran's need for regular aid and attendance is established, meeting the criteria set forth in 38 C.F.R. § 3.352(a).

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims, including obtaining relevant medical records and clarifying his claim for service connection due to herbicide exposure.

The veteran's stomach disability is granted secondary to medication used for his service-connected myofascial pain syndrome. His lumbosacral spine condition warrants a 40 percent rating, and the cervical and dorsal spine conditions are each rated at 10 percent.

The veteran's initial ratings for cervical spine arthrosis, lumbar spine arthrosis, and right knee disability were granted. The right knee disability received a compensable rating of 10 percent.

The Board denied the veteran's claims for increased initial ratings for his service-connected left shoulder disability and cervical strain, finding that the evidence did not support a higher rating based on current functional impairment.

The Board denied the veteran's claims for increased ratings for his cervical spine and left knee disabilities.

The VA has denied increased ratings for the veteran's service-connected degenerative disc disease of the lumbosacral spine and cervical spine, currently evaluated at 20 percent and 10 percent respectively.