Neck / cervical spine decisions — 2005

The Board finds that the veteran's current cervical spine disability is at least as likely as not related to an in-service injury, and grants service connection for this condition.

The Board has granted the veteran's claim for increased SMC based on his need of aid and attendance due to paraplegia and incontinence, as well as his entitlement to service connection for cervical stenosis. The rating assigned is 50 percent.

The Board has granted service connection for degenerative arthritis of the lumbosacral and cervical spine, finding that the evidence is in relative equipoise as to whether this condition had its onset during active service.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for cervical spine disability. The appellant's representative waived RO consideration of additional evidence submitted by her.

The Board denied the veteran's claim for service connection for herniated nucleus pulposus of the cervical spine, finding that it is not proximately due to or the result of his service-connected gunshot wound residuals.

The Board found no evidence to support a connection between the veteran's current cervical spine disability and his service, including an injury during service. The claim for service connection was denied.

The Board found that there is no evidence of a current disability and concluded that the veteran's claimed head, neck, and shoulder injuries are not related to his military service.

The veteran's service-connected cervical spine strain, right shoulder disability with acromioclavicular joint impingement and rotator cuff injury, lumbar spondylosis with degenerative disc disease, right ankle instability, and left orchiectomy secondary to neoplasm are all granted. The highest possible rating of 10 percent is assigned for each condition.

The Board has determined that the appellant's hypertension and cervical spine disorder are related to his active naval service, granting both claims.

The Board denied service connection for post-traumatic stress disorder, gastroesophageal reflux disease, cervical spine disorder, chest pain, and tinea pedis. The veteran's claims were not supported by sufficient evidence to establish a link between these conditions and his military service.

The veteran's appeal is denied for the issues of service connection for various conditions, with no new evidence provided to reopen previously denied claims.

The Board has determined that the veteran does not have a current migraine headache disorder or cervical spine disorder that is service-connected. The veteran's claimed conditions are denied.

The Board has determined that the veteran does not have a neck disability, low back disability, left knee disability, or TMJ. The claims for service connection are denied.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on permanent need for aid and attendance of another person or being housebound.

The Board has reopened the veteran's claim for service connection for PTSD and granted a 20 percent disability rating for his degenerative arthritis of the lumbar spine. The cervical spine disability is rated at 20 percent under the old criteria, but not under the new criteria.

The Board has determined that the veteran does not have cervical spine disability, including arthritis or degenerative disc disease, related to military service.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board or videoconference hearing before a Veterans Law Judge. The case will be processed in accordance with established appellate procedures.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The veteran's claim of entitlement to an increased disability rating for his service-connected cervical spine disability is being considered, as well as whether new and material evidence has been submitted to reopen his previously denied claim of service connection for a bilateral shoulder disorder with neuropathy of the arms.

The Board has denied the veteran's claims for service connection for bilateral hip pain, defective vision of the right eye, defective vision of the left eye, residuals of a concussion, and broken nose. The claim for service connection for muscle spasms of the left lower extremity is granted but not related to service.

The Board has denied the veteran's claims for increased ratings for his service-connected hypertension, cervical strain with degenerative disc disease, and residuals of low back injury. The RO assigned a 10 percent rating for hypertension effective from July 22, 1999.