Neck / cervical spine decisions — 2006

The veteran's cervical degenerative disease was incurred in peacetime service and granted service connection.

The veteran's claims for service connection for tinnitus, cervical spine degenerative joint disease, rheumatic heart disease, and depression are denied. The claim to reopen the left knee disorder is also denied. The claim of service connection for bilateral hearing loss is reopened but denied on the merits.

The Board has remanded the veteran's claims for cervical and lumbar spine disorders due to unclear issues, lack of medical records between 1952 and 1997, and the need for an orthopedic examination.

The VA determined that the veteran's service-connected cervical disc extrusion does not warrant a rating higher than 10 percent, based on his current range of motion and lack of compensable radicular changes or neurological findings.

The Board has denied the veteran's claims for increased ratings for his service-connected osteoarthritis of the right hip and degenerative joint disease of the cervical spine with shoulder pain, finding that the evidence does not support a higher rating under the applicable VA rating criteria.

The Board has granted a 20 percent rating for the veteran's cervical spine disability, which is more than the initial 10 percent assigned in September 2002. The effective date remains pending as it was not specified.

The Board has determined that there is at least as much evidence to support the claim of service connection for residuals of an injury to the cervical spine, including incomplete cervical myelopathy, C3-4-5 disc protrusion, and C5-6 central disc herniation. The Board finds that these conditions are related to a line-of-duty injury sustained during active service.

The veteran's claim for special monthly pension (SMP) by reason of needing regular aid and attendance or being housebound was denied because his nonservice-connected disabilities do not meet the criteria for either benefit.

The veteran's claims for various conditions, including a right ankle disability, skin disorder, bilateral foot disorder, neck disability, bilateral hip pain, PTSD, tinnitus, and hypertension were all denied by the VA. The appeals are not about service connection at all.

The Board has denied the veteran's claims for service connection for various conditions, including right knee disability, left knee disability, neck disability, sinus disability, bilateral hearing loss, and tinnitus. The rating in excess of 30 percent for PTSD was also denied.

The Board has determined that a remand is required for the veteran's claims of entitlement to increased ratings and service connection for left foot, cervical spine, and lumbar spine disabilities. The veteran must be given an opportunity to file a timely substantive appeal as to his initial evaluation of his service-connected left foot disability.

The Board has remanded the case for additional development and a VA medical opinion to determine if the veteran's current cervical spine arthritis with left shoulder pain is related to his simple left ulnar fracture while on active duty in 1945.

Your appeal is being remanded by the Board to allow you to schedule a Travel Board hearing. The issues of service connection for various injuries and post-traumatic stress disorder are still under consideration.

The Board has denied the veteran's claims for service connection for cervical spine disorder, lumbar spine disorder, and right shoulder disorder. The evidence does not support a finding of service incurrence or continuity of symptomatology.

The veteran's service-connected low back disability is linked to his cervical and thoracic spine disabilities, warranting a grant of service connection on a secondary basis.

The veteran's appeal is being remanded for additional development, including obtaining medical records from Dr. Morgan and readjudicating the increased rating claim.

The Board found no evidence to support the veteran's claims of service connection for back and neck disabilities, or entitlement to increased ratings for his left ankle fracture and right shoulder disability. The preponderance of the evidence is against these claims.

The Board denied the veteran's claims of entitlement to service connection for a neck disability and a left shoulder disability due to lack of competent evidence of current disabilities.

The Board has determined that the right upper extremity and head injuries are not related to service, while a cervical spine disability is considered incurred in service.

The veteran's cervical spine disability was rated at 30 percent from January 10, 2001 to September 25, 2003.