Neck / cervical spine decisions — 2006

The veteran's only non-service connected disability, cervical degenerative disc disease, does not meet the criteria for a permanent and total disability rating for pension purposes.

The Board denied the veteran's claims for higher ratings for her lumbar and cervical spine disabilities, finding that the evidence did not support evaluations in excess of the current ratings.

The veteran's service-connected cervical and lumbar spine conditions were granted increased ratings, while the psychiatric disability claim was also granted.

The Board has determined that the veteran does not currently have a heart disability or a neck/cervical spine disability, and therefore service connection for these conditions is denied.

The Board has determined that the veteran's cervical and lumbosacral spine disability was not incurred or aggravated in his active duty service, nor may it be presumed due to a disease or injury incurred in service. The claim for direct service connection is denied.

The Board has determined that the veteran's degenerative disc disease of the cervical spine warrants a rating of 40 percent from January 19, 2005.

The veteran's cervical spondylosis with degenerative disc disease, with radiculopathy is granted service connection. The anxiety and depression, forgetfulness, fatigue, and sleep disturbance are denied as not related to undiagnosed illness.

The Board found no evidence that the veteran's current spine conditions were related to his service, and thus denied his claim for service connection.

The veteran has withdrawn his appeals for a higher rating on the lumbosacral spine disability and service connection for a cervical spine disability, to include on a secondary basis. As such, these issues are dismissed.

The Board has granted service connection for asbestosis. The claims for bilateral sensorineural hearing loss and carpal tunnel syndrome are being remanded.

The Board denied the veteran's claims for increased ratings for his right shoulder disorder and cervical spine arthritis, finding no entitlement to a higher rating based on the evidence of record.

The Board denied the veteran's claim for an increased rating of his service-connected cervical spine disorder due to failure to report for a VA examination.

The Board has determined that the veteran does not have residuals of traumatic injury, to include dental, facial, jaw, and cervical spine disabilities, related to military service.

The Board has determined that the veteran's cervical spine, left shoulder, and left hand disabilities are not proximately due to or aggravated by his service-connected residuals of a fractured left ring finger. Therefore, these claims for service connection have been denied.

The Board found that the veteran's cervical disc disease, acquired psychiatric disorder (depression), and lumbar spine disorder were not incurred in or aggravated by service. The disorders are also not presumed to have been incurred therein. Service connection was denied for these conditions as they are not related to service or a service-connected disability.

The Board denied the veteran's claims for increased rating and service connection for cervical spine disability and left shoulder disability due to lack of evidence supporting a direct relationship between these conditions and his military service.

The veteran's appeal is being remanded due to the need for a clarification of his hearing preference and scheduling of an appropriate Board hearing.

The Board denied the veteran's claims for an increased rating for his cervical spine disability, service connection for a right knee disorder, and TDIU. The veteran's cervical spine disability is currently rated at 40 percent disabling under Diagnostic Code 5243 effective September 26, 2003. His right knee disorder was not shown to be related to active duty service.

The Board has denied the veteran's claims for service connection for various conditions, including bursitis of the right elbow, intraocular hypertension with headaches and blurred vision, bilateral hearing loss, a bilateral ankle disorder, and arthritis of multiple joints (excluding cervical and lumbar spine segments).

The Board has granted service connection for PTSD and found no evidence of a chronic neck disability during service. The veteran's current neck disability is presumed to have been caused by an industrial injury in 1997.