Neck / cervical spine decisions — 2006

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for cervical spine spondylosis, cervical spine arthritis, and/or C-6 radiculopathy caused by an excisional biopsy at the Greenville VA Medical Center in March 2000. The appeal is being remanded to obtain additional medical records and ensure proper development of the case.

The veteran's appeals for higher ratings for myofascial pain syndrome of the right shoulder, traumatic arthritis of the cervical spine, and lumbosacral strain have been denied. The current ratings are considered appropriate based on the evidence provided.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status has been denied. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for an acquired psychiatric disorder is pending.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a seizure disorder. The veteran contends that his seizure disorder was aggravated by his active military service, and he should be afforded a VA examination to determine its etiology.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims for service connection and increased evaluation of his cervical spine disorder and lumbar disc disease. This includes obtaining medical records, conducting examinations, and reviewing all evidence on file.

The Board has determined that the veteran does not have PTSD, and there is no evidence of a thoracic or cervical spine disorder related to service. The veteran's tinnitus was also found not to be related to his military service.

The Board denied the veteran's claims of entitlement to service connection for gastrointestinal, cervical spine, lumbar spine, thoracic spine, and right leg piriformis syndrome. The evidence did not support a finding that any of these conditions were incurred in or aggravated by active military service.

The Board found that the veteran's arthritis of the right shoulder, bilateral knees, hands, wrists, and hips were not incurred or aggravated by service. The claim for arthritis of the low back was remanded.

The veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service or due to undiagnosed illness.

The Board denied the veteran's claims for service connection for a psychiatric disorder, right Achilles tendonitis, and lumbar and cervical spine disorders. The evidence did not establish a link between these conditions and service.

The Board has determined that the veteran's service-connected right upper extremity radiculopathy, limitation of motion of the cervical spine, and occipital headaches do not warrant an initial rating in excess of the currently assigned evaluations.

The Board found that the veteran's service-connected conditions, except for his loss of use of both hands due to Dupuytren's contractures, do not require regular aid and attendance.

The veteran is eligible for financial assistance in purchasing an automobile or other conveyance and adaptive equipment due to his service-connected disabilities, including loss of use of both lower extremities.

The Board denied all the claims except for the low back claim. The veteran's left varicocele was granted a 0 percent evaluation, but no other conditions were found to be service-connected.

The Board has granted an evaluation of 40 percent for the appellant's combined cervical/dorsal spine disability prior to January 2, 2002.

The veteran is seeking service connection for degenerative disc disease of the cervical spine at C-5, C-6, and C-7. The Board has determined that additional development is needed to fully consider his claim.

The veteran's service-connected lumbar strain and disc disease are rated at 40 percent since September 23, 2002. His cervical spine disc disease is rated at 20 percent effective February 17, 2005. The rating for hypertension remains at 10 percent from June 26, 2002.

The Board denied the veteran's claims of service connection for headaches, TMJ (jaw disorder), PTSD, and a cervical spine disability. The appeals were based on new and material evidence.

The Board denied the veteran's claims for increased evaluations for traumatic arthritis of the cervical spine, lumbar spine with intervertebral disc syndrome, and radiculopathy of the left lower extremity. The ratings were found to not meet the criteria for an increased evaluation under applicable diagnostic codes.

The Board denied the veteran's claims for service connection for ulcers, arthritis of multiple joints, and pulmonary sarcoidosis with exercise-induced asthma. The decision also addressed the evaluation of osteoarthritis of the spine but did not assign a specific rating as it pertained to different periods.