Neck / cervical spine decisions — 2006

The veteran's appeal is being remanded for further development, including a neurological examination to determine if his service-connected cervical strain disability includes any neurologic manifestations.

The veteran's appeal is being referred back to the RO for additional development of her claims, including obtaining missing VA clinical records from Jackson and Biloxi facilities. The case will be remanded again if necessary.

The Board has determined that the veteran's claimed right knee and back disorders were not incurred or aggravated by service, nor are they proximately due to a service-connected disorder. The claims for service connection have been denied.

The veteran's cervical spine disability is currently rated at 30 percent, effective September 26, 2003. His degenerative arthritis of the left knee and right knee are both rated at 10 percent. The veteran's allergic rhinitis does not meet criteria for a compensable evaluation. His surgical scar of the left 7th rib is currently rated as 10 percent disabling. His eczema is also rated as 10 percent disabling.

The Board granted a 40 percent evaluation for the lumbar spine disability from June 10, 2005. The right upper extremity radiculopathy was also granted as part of this decision.

The Board denied the veteran's claims for an increased evaluation for his service-connected cervical spine disorder and service connection for a low back disorder. The claim for TDIU was also denied, as entitlement to this benefit did not arise until May 27, 1999.

The Board has granted service connection for a neck disability and a low back disability, finding that the veteran's current symptoms are related to his military service.

The Board has denied the veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for a cervical and lumbar spine disorder, finding that his timely Substantive Appeal was not received to complete an appeal from a June 1999 rating decision.

The Board found no evidence of an acquired psychiatric disorder, including PTSD, that is service-connected. The veteran's claims for a chronic cervical disorder were not addressed as they are no longer part of the current appeal.

The Board denied the veteran's claim for service connection for a lumbar and cervical spine disability, finding that the current degenerative disc disease was not related to injuries incurred in service and did not manifest until many years after service.

The Board denied service connection for the veteran's cervical spine disorder, finding that it was not incurred in or aggravated by service.

The Board has granted the veteran's claim for service connection for tinea pedis on a secondary basis to his service connected pes planus with hallux valgus and bunions. The claim for PTSD was not established, but new and material evidence has been received to reopen it. Service connection for degenerative disc disease of the cervical spine is denied as there is no new and material evidence.

The Board denied the veteran's claim for special monthly compensation based on aid and attendance or being permanently housebound due to his service-connected spinal disorders. The denial is because the VA examination did not adequately assess the impact of his disabilities on his ability to perform daily functions.

The Board has determined that there is no current evidence of a low back or cervical spine disorder, and therefore service connection cannot be granted for these conditions.

The veteran's non-service-connected disabilities, including cervical spine degenerative disease and asthma, do not meet the criteria for a combined rating of at least 70 percent to qualify for pension benefits due to their severity. The veteran is therefore denied pension benefits.

The Board has determined that the veteran's cervical spine disorder, to include degenerative changes of the cervical spine, was not incurred in or aggravated by active service and is not related to a service-connected disability.

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's requests to reopen his claims for service connection of low back and cervical spine disabilities.

The veteran's claims for service connection for a cervical spine disorder and TDIU are being remanded due to the need for additional development, including obtaining medical records and providing the veteran with examinations.

The Board finds that the veteran's right knee disorder is secondary to his service-connected left knee disability and grants this claim.

The Board found that the veteran's back disability is not proximately due to or the result of his service-connected right ankle disability.