Neck / cervical spine decisions — 2006

The Board has determined that the veteran's current left ankle and cervical strain conditions are not related to service, thus denying his claims for service connection.

The Board denied the veteran's claims for an earlier effective date for service connection and denied his service connection claims for degenerative joint disease of the cervical spine and a left shoulder disability. The Board found that the right shoulder shell fragment wound was not related to the cervical spine or left shoulder disabilities.

The Board granted service connection for various conditions and assigned a 10 percent rating. The effective date is not specified.

The veteran's service-connected conditions were evaluated, and the RO denied higher ratings for hypertension, hemorrhoids, lumbar spine disability, cervical spine disability, and asthma. The evaluations remained at 10 percent.

The veteran's appeal is being remanded for additional examination and development of his claims, including consideration of new evidence.

The Board has determined that the veteran does not have a chronic cervical spine disorder, shoulder disorder, or arthritis that began during service or is otherwise related to his military service.

The veteran's claims for increased ratings for ankylosing spondylitis of the cervical and lumbar spine, as well as degenerative joint disease with mild arthritis of the sacroiliac joint, were denied. The current evaluations are found to be appropriate.

The Board has determined that the veteran's cervical spine disorder is not associated with any established event, injury, or disease during active service. The VA examiner found no evidence of a chronic disorder nor of any specific neck injury in service by review. As to the respiratory disorder claim, additional clarification and opinion are needed from the June 2004 VA examiner regarding whether any pre-existing condition existed prior to service and if so, did it undergo an increase in severity beyond natural progression during active service.

The Board has denied the veteran's claims for service connection for PTSD and a cervical spine disability, to include radiculopathy into the left upper extremity. The issues are not related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or any other specific environmental exposure.

The Board has remanded the veteran's claims for service connection due to insufficient evidence and need for further examination.

The veteran's appeal is denied as he does not meet the legal criteria for assistance in acquiring specially adapted housing or a special home adaptation grant due to his service-connected disabilities.

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

The Board has determined that the veteran's claimed disabilities are not proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The appeals for compensation under 38 U.S.C.A. § 1151 have been denied.

The Board found that the veteran's application to reopen her service connection claim for sinusitis was not supported by new and material evidence. Her claim for an increased rating of 20 percent for her cervical strain was also denied as there was no evidence indicating that a higher disability rating is warranted based on current symptoms or functional loss.

The Board has determined that additional development is needed to properly evaluate the appellant's cervical spine disability, including his right and left cervical radiculopathy. The case is being returned to the RO for further action.

The Board denied the veteran's increased rating claims for DJD of the lumbar, thoracic, and cervical spines as there is no evidence showing that his service-connected disabilities require frequent hospitalization, are unusual, or cause marked interference with employment.

The Board denied the veteran's claims for service connection for PTSD and an initial evaluation in excess of 20 percent for residuals of a cervical spine injury, finding that the evidence did not meet the criteria for a higher rating based on the veteran's range of motion.

The veteran's service-connected cervical spine and bilateral great toe disabilities have been rated at 20 percent since August 13, 1996. The claims for increased ratings are denied as the evidence does not support a higher rating under the applicable diagnostic codes.

The Board denied the veteran's claims for service connection for various conditions, finding that none of them were incurred or aggravated by his military service.

The Board has determined that there is no evidence to support the veteran's claims for service connection for bilateral hearing loss and traumatic arthritis of the lumbar, thoracic, and cervical spines. The preponderance of the evidence is against these claims.