Neck / cervical spine decisions — 2006

The Board found that the veteran's degenerative joint disease of the cervical spine was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred therein. The preponderance of the evidence is against a nexus between the veteran's degenerative joint disease of the cervical spine and service or a service-connected disability.

The veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a hearing.

The Board has determined that the veteran's current cervical and thoracic spine disability is related to an injury sustained during service, resulting in a grant of service connection.

The VA determined that the veteran's cervical spine injury with degenerative joint disease and radiating arthralgia to the right shoulder warrants a 40 percent evaluation, which is the maximum available under current rating criteria.

The Board denied the veteran's claims for service connection of cervical spine disorder and increased rating for his lumbar back disability. The veteran's cervical spine disorder was not found to be caused or aggravated by a service-connected disability, including herniated nucleus pulposus, lumbar paravertebral myositis with tenosynovitis, and L4-5 bulging disc. For the period prior to July 31, 1996, the veteran's service-connected back disability did not meet the criteria for a rating in excess of 40 percent. As of July 31, 1996, the criteria for a higher rating were also not met.

The Board has granted a 20 percent evaluation for the veteran's cervical spine disability, effective July 25, 1996. The claim for an increased rating for right ingrown toenail was denied.

The Board found that the veteran did not incur additional disabilities as a result of VA treatment and denied his claims for service connection. The issue regarding willful misconduct was also denied.

The veteran's cervical spine and low back conditions are currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has determined that the veteran's right knee and right shoulder conditions are related to service, while his cervical spine condition is not. Service connection for these conditions is granted.

The veteran's claim for service connection was denied in January 1990. The RO reopened the claim and granted service connection for ankylosing spondylitis of the lumbar spine, thoracic spin, and cervical spine on May 21, 2001. The effective date is set by law to be May 21, 2001.

The veteran's request for a Board hearing has been transferred to the Los Angeles Regional Office, and he is scheduled for a hearing. The case will be returned to the Board after the hearing.

The Board has determined that the veteran's claims for service connection for various conditions, including right ear condition, left ear hearing loss, tinnitus, sinus polyps and deviated septum, bilateral knee arthritis, lumbar spine arthritis, cervical spine arthritis, and PTSD, are not supported by the evidence of record.

The Board has found that the record is not sufficiently developed to ensure an informed decision and has ordered additional examinations, records reviews, and evidence collection. The veteran's nonservice-connected conditions need to be rated appropriately.

The veteran's claims for increased ratings and SMC were denied. The cervical spine disability is not manifested by pronounced intervertebral disc syndrome or unfavorable ankylosis, while the lumbar spine disability is not manifested by unfavorable ankylosis of the thoracolumbar or entire spine.

The Board has remanded the case for further development, including VA examinations to assess the nature and etiology of the veteran's claimed disabilities.

The veteran's cervical spine disability is rated at 20 percent, effective April 1999.,Service connection for left knee strain residuals and chronic musculoskeletal pain of the left shoulder are granted.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death from intracerebral hemorrhage.

The Board found that the veteran's cervical spine disorder was not incurred during active service and is not causally related to or aggravated by any service-connected disability.

The Board has remanded the case due to incomplete records and requests for additional information.

The Board denied service connection for osteoarthritis of the cervical spine and headaches, finding that they were not related to service-connected myositis. The veteran's myositis was granted a 10% evaluation.