Neck / cervical spine decisions — 2006

The Board found that the veteran did not meet the criteria for service connection for any of his claimed conditions, as there was no evidence of a current disability or a link to active service.

The veteran is granted special monthly compensation based on the need of aid and attendance due to his service-connected disabilities. The temporary total rating under the provisions of 38 C.F.R. § 4.29, based on hospitalization in excess of 21 days, is dismissed as moot.

The veteran's claims for increased evaluations and service connection are being remanded due to the need for additional medical records, examinations, and further development of her case.

The veteran claims service connection for cervical myelopathy due to spinal stenosis, which he alleges was caused by his duties as a master diver and an episode of decompression sickness during service. The Board has determined that additional development is needed before the claim can be decided.

The veteran's cervical spine disability was not rated higher than 10 percent prior to September 7, 2005. From September 7, 2005, the disability was rated at 20 percent. The left arm and shoulder disabilities were not found to be related to his service-connected cervical strain with degenerative disc disease.

The Board found that the appellant's cervical spine disability is not caused by or worsened by his service-connected bilateral knee disabilities.

The Board found no evidence of kidney stones during the veteran's initial period of service and concluded that any current condition is not related to his military service. For the neck disability, while the veteran currently suffers from cervical myelopathy, there is no medical evidence supporting a relationship to his military service.,The veteran's claims for service connection for both kidney stones and a neck disability were denied as there was insufficient evidence linking these conditions to his active duty.

The veteran's service-connected right knee disorder is associated with a lumbar spine disorder and cervical spine disorder, both of which are secondary to the right knee. The veteran does not have a direct service connection for his cervical spine disorder.

The Board has determined that the veteran's diagnosed degenerative joint disease of the lumbar and cervical spine, bilateral hearing loss, and respiratory disorder are not related to his military service. The veteran's left knee disability is also not linked to service.

The Board has determined that the veteran's claims for service connection for a cervical spine condition and degenerative joint disease of the lumbar spine are not supported by the evidence. The case is being remanded to obtain additional medical records and to schedule the veteran for an orthopedic examination.

The Board denied the veteran's claims for service connection for asthmatic bronchitis and arthritis of the cervical spine, finding no evidence to support these claims. The claim for increased ratings for duodenitis with GERD was also denied.

The veteran's claim for increased ratings and service connection has been granted. The highest rating of 30% is assigned for the psychiatric disorder, and ratings up to 20% are assigned for various muscle injuries in the neck, shoulder, and scalp.

The Board granted a combined evaluation of 50 percent for the veteran's cervical spine disability since June 14, 2004. The initial compensable evaluations for left knee disability were denied.

The veteran's claims for increased evaluations of his degenerative joint disease of the right shoulder, cervical spine, and lumbar spine are being remanded due to a need for proper VCAA notice. His claim for an increased evaluation of his hypertension is also being remanded.

The Board has determined that the veteran's degenerative disc disease of the cervical spine is related to his service, and thus grants the claim for service connection.

The veteran's claims for initial evaluations in excess of 10 percent for cervical spine arthritis, right shoulder bursitis, and sinusitis are being remanded due to procedural considerations.

The veteran's cervical spondylosis is service-connected, but his claims for other conditions are denied.

The Board denied the veteran's claims for service connection for a skin disorder, a disorder of the bilateral lower extremities, and an initial disability rating greater than 40 percent for DDD of the lumbosacral spine with acquired spinal stenosis status post laminectomy. The Board found no current disability associated with the in-service cervical neoplasia, status post LEEP, and denied service connection for this condition. For the lumbar spine disability, the Board found that the evidence did not more closely approximate the criteria for a rating greater than 40 percent.

The Board has remanded the veteran's claims due to incomplete development of evidence and requests for additional information from the RO (AMC). The claims will be reconsidered after all necessary steps are taken.

The veteran's appeal is being remanded due to the need for further development of evidence, including obtaining a VA examination and opinion regarding his anxiety disorder claim. Additionally, he needs VCAA notice concerning increased ratings for his service-connected disabilities.