Neck / cervical spine decisions — 2006

The veteran's cervical spine disability is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the current evidence of record.

The Board denied the veteran's claims for increased ratings for PTSD, high frequency hearing loss, diabetes mellitus, and residuals of prostate cancer. The veteran's service-connected degenerative joint disease of the cervical spine, left shoulder, and right knee were not found to be related to his active duty service.

The veteran's increased rating claims for lumbar scoliosis with degenerative changes and cervical spine disorders are being remanded. Additionally, the service connection claims for left hearing loss and tinnitus are also being remanded.

The Board denied the veteran's claims for service connection for various disabilities, including a thoracic spine disability, cervical spine disability, bilateral knee disability, right hand disability, and bilateral hearing loss disability (including tinnitus). The appeals were not about service connection at all.

The Board found that the veteran's cervical spine and right shoulder disabilities existed prior to service and were not aggravated by military service, thus denying his claims for service connection.

The Board has remanded the claims due to insufficient medical evidence regarding whether the veteran's current disabilities are secondary to his service-connected asbestosis. The RO is instructed to obtain updated VA and private treatment records, request authorization for release of all pertinent records, and arrange for further examinations by qualified physicians.

The Board has determined that the veteran does not have any current disabilities of the feet, shoulders, cervical or thoracic spine, brain aneurysm, or headaches that are related to her military service. The claims for these conditions are therefore denied.

The Board has granted service connection for joint pain of the lumbar spine and joint pain of the left knee. The remaining claims are remanded for further development.

The Board has determined that the veteran's claimed conditions are not related to his service-connected right knee disability and have therefore denied all of his claims.

The Board found no medical evidence linking the veteran's current cervical spine disability to his service, and thus denied the claim for service connection.

The Board found that the veteran's chronic low back strain and cervical spine degenerative disc disease were not incurred in service, but her chronic head injury residuals were not shown to have originated during active service. The Board denied all claims.

The Board has granted service connection for gouty arthritis of the knees and gout, but denied service connection for a cervical spine disability. The veteran's claims are supported by credible testimony and supporting evidence regarding his knee and gout conditions, while there is no medical evidence linking any current cervical spine condition to service.

The veteran's appeal is denied as his claim for an initial rating higher than 10 percent for chronic cervical strain with degenerative disc disease does not meet the criteria under the applicable VA rating schedule.

The Board has granted a 30 percent evaluation for the veteran's cervical spine disorder, residuals of cervical spine injury status post cervical fusion. The thoracic spine disorder is currently evaluated at 10 percent.

The Board has remanded the case for further development due to incomplete medical records and insufficient opinions regarding the etiology of the veteran's cervical, lumbar spine, and skin disorders.

The veteran's claims for service connection for left ear hearing loss, tinnitus, shoulder/arm disorder, forearm scars (shrapnel wounds), and degenerative arthritis of the cervical, thoracic, and lumbar spine were all denied as there is no competent evidence linking these conditions to his military service.

The veteran's cervical/trapezius strain, thoracic strain, and lumbosacral strain with disc disease have been rated as 10 percent disabling since April 22, 1994, and increased to 20 percent disabling from December 23, 2002. The appeal is granted.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to assess the nature, time of onset, and etiology of any current cervical spine disability.

The veteran's claims for increased ratings and service connection have been denied. The Board is unable to grant the requested increases or establish service connection due to a lack of evidence supporting these claims.

The Board has denied the veteran's claims for service connection for anxiety disorder and a back disorder, finding that there is no evidence linking these conditions to his military service.