Neck / cervical spine decisions — 2006

The veteran's central disc bulge, C5-C6 and C6-C7 with cervical spasm is currently manifested by slightly limited range of motion. The Board finds that a 10 percent rating is warranted.

The veteran's service-connected degenerative joint disease of the lumbar spine and cervical strain have been rated at 20 percent and 10 percent, respectively. The decision grants these ratings.

The Board has granted service connection for a cervical spine disability and a lumbosacral spine disability, finding that these conditions were incurred in service.

The Board has determined that the veteran's current cervical and thoracic spine disabilities are not related to his military service, and thus denied both claims.

The veteran's claims for service connection for traumatic arthritis of the cervical spine and PTSD, as well as an initial rating in excess of 30 percent for PTSD, were denied. The claim for a compensable rating for hypertension was granted.

The veteran's service-connected disabilities were evaluated, and the RO denied increased ratings for cervical spondylosis, right carpal tunnel syndrome (major), left carpal tunnel syndrome, right knee disability, right bunion formation and slight deformity of the first metatarsophalangeal joint, left bunion formation and slight deformity of the first metatarsophalangeal joint, cholelithiasis and cholecystectomy with benign pancreatic cyst, surgical scars from the cholelithiasis and cholecystectomy with benign pancreatic cyst, and pilonidal cyst. The RO found that these conditions were not service-connected.

The Board has reopened the veteran's claim for service connection for a gastrointestinal disability and finds that it is proximately due to or the result of his service-connected orthopedic disabilities. The claims for service connection for an acquired psychiatric disorder and a cervical spine disability are also granted as secondary to service-connected knee and low back disabilities.

The veteran claims his current cervical spine disorder is related to service, specifically his duties as a paratrooper. The Board finds further VA examination necessary due to conflicting opinions from the same examiner.

The veteran's right femoral neck fracture is currently rated at 30 percent disabling. The Board finds that the evidence does not support a higher rating, as there is no indication of dislocation or recurrent subluxation and the disability is evaluated based on functional loss due to pain.

The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for cranial nerve paralysis (claimed as throat injury) following cervical spine surgery performed on May 15, 2000 at a VA medical center. The case has been remanded to obtain additional medical records and provide proper VCAA notice.

The Board has granted service connection for bilateral hearing loss and tinnitus, both of which are related to in-service noise exposure. Service connection was also granted for cervical spine disability, but the veteran's current condition is not considered service-connected as it does not meet the criteria for a compensable disability.

The veteran's claim for an increased rating was denied because he failed to report for necessary VA examinations, which were required to evaluate his disability.

The Board has determined that the veteran does not have cervical spinal stenosis that is attributable to military service or caused by a service-connected disability, and therefore denied his claim for service connection.

The Board has determined that the veteran's headaches with light sensitivity and degenerative disc disease and degenerative joint disease of the cervical spine were not incurred in or aggravated by service.

The veteran's claims for service connection were denied across the board due to lack of evidence linking any claimed conditions to his military service.

The veteran's appeal is being remanded for a travel board hearing at the RO.

The VA denied the veteran's claims of service connection for cervical spine, right ankle, and left ankle disabilities. The Board found no evidence linking these conditions to military service or her service-connected knee disability.

The Board has granted service connection for the veteran's cervical spine disability effective July 9, 2006. The RO also assigned a 10 percent rating for this condition.

The Board found that the appellant does not meet the criteria for special monthly pension based on need for regular aid and attendance or by reason of being housebound due to her ability to perform most daily activities with assistance.

The Board has granted a 20 percent evaluation for the veteran's low back strain, effective from the date of this decision.