Neck / cervical spine decisions — 2006

The veteran's claim for service connection for cervical disc disease is being remanded due to the failure to provide proper VCAA notice.

The Board found no evidence of a cervical spine disorder with upper extremity radiculopathy during service or within one year after discharge. The veteran's current condition was first diagnosed over 13 years post-service, and there is no competent medical evidence linking the current condition to his military service.

The Board found no evidence of service connection for the claimed conditions, including COPD, hypertension, arthritis, dysthymic disorder, peptic ulcer disease, polyarthralgia, and hypothyroidism. The veteran's service medical records did not show any complaints or treatment related to these conditions.

The Board denied compensation under 38 U.S.C.A. § 1151 for right shoulder and cervical spine conditions, both of which were not found to be aggravated by VA treatment in April 1993.

The Board denied the veteran's claims for service connection for low back and neck disabilities, finding no legal basis for a higher rating.

The Board has determined that the veteran's sleep apnea is related to his service-connected left nasal septum deviation, which resulted from an inservice broken nose. Service connection for a cervical spine disorder was denied as there is no evidence of such condition during service.

The Board denied the veteran's claim for an earlier effective date of March 21, 2001 for his nonservice-connected pension benefits due to a lack of evidence showing he was incapacitated within one year prior to filing the claim.

The Board has determined that there is no current evidence of a service-connected disability for any of the conditions claimed, including right ear hearing loss, left shoulder, left ankle, neck, or bilateral knee disabilities. The veteran's claims are therefore denied.

The VA has determined that the veteran's cervical spine disability does not warrant a rating in excess of 20 percent since January 1, 2001.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of service connection for degenerative disc disease of the cervical spine and lumbar spine are pending.

The Board has denied service connection for the veteran's claimed conditions, including right ulnar neuropathy at the elbow, cervical spine degenerative joint disease, vertigo, and transient diplopia, as these disorders are not shown to be related to his active service.

The Board has remanded the issue of whether new and material evidence has been received to reopen a claim of service connection for a neck disability. The remaining issues have not been resolved, with some claims having been granted or increased.

The Board finds the evidence to be in relative equipoise, and grants service connection for cervical spondylitic discogenic disease, C5-6 and C6-7.

The Board denied the veteran's claims for service connection for a fungal infection of the upper torso, and denied his requests for increased ratings and earlier effective dates for his service-connected disabilities.

The veteran's initial claim for increased evaluations of his service-connected cervical spine disability was denied, and the effective date for service connection of his atopic dermatitis was not established.

The veteran's appeal has been withdrawn, and the case is dismissed.

The case is being remanded to the RO for scheduling a hearing and readjudication of the issues on appeal.

The veteran's claims for PTSD, residuals of a cervical spine fracture, and headaches/dizziness due to an undiagnosed illness were denied as the evidence does not support these claims.

The Board denied the veteran's claims for service connection for a cervical spine disability, an increased rating for low back strain, and reopening of his claim for headaches. The Board found no evidence linking these conditions to service or a service-connected condition.

The Board has granted service connection for residuals of a partial medial meniscectomy right knee, degenerative disc disease cervical spine, and a headache disorder. The veteran's current conditions are related to his military service.