Neck / cervical spine decisions — 2007

The Board denied the veteran's claims for service connection for a low back disability and an initial rating in excess of 10 percent for cervical spine strain. The evidence did not support the presence of any current low back disability, and there was no medical opinion linking the veteran's low back pain to his service-connected cervical spine strain.

The Board has determined that a VA examination is necessary to determine the relationship between the veteran's current cervical spine disability and his service, as he reported an in-service injury. The case is remanded for this purpose.

The Board found that the veteran does not meet the criteria for special monthly pension based on need of regular aid and attendance due to his various disabilities, as he is able to care for himself and protect himself from hazards in his environment.

The Board has determined that a new VA examination is needed to properly assess the veteran's cervical spine disability, as the prior examinations did not adequately address functional loss due to pain and weakness.

The veteran's claims for service connection for various joint disabilities, including ankylosing spondylitis and its associated symptoms such as right ankle, bilateral hip, lumbar spine, and cervical spine disabilities, are being remanded due to the need for further examination by a rheumatologist.

The Board has determined that it is not factually ascertainable that the veteran met the criteria for a combined 70 percent evaluation for service-connected disabilities within one year of his May 26, 2004 claim. Therefore, the effective date for the award of a combined 70 percent rating can be no earlier than May 26, 2004.

The veteran's claims for increased ratings and service connection were denied. The right wrist condition was rated at the maximum allowable under VA guidelines, while other issues remained unresolved.

The Board denied the veteran's claim for service connection for arthritis of the cervical spine, finding no evidence of a chronic condition in service or within one year after separation from service. The Board also found that there was insufficient medical evidence to establish a secondary relationship between the cervical spine disability and his service-connected low back disability.

The veteran's claim for special monthly compensation based on the need of aid and attendance of another was granted. The appeal regarding CUE with respect to a June 13, 2002 rating decision that denied entitlement to special monthly compensation is dismissed.

The Board has determined that a new VA examination is necessary for the claims of PTSD, psychiatric disability due to alcoholism, and neck disability. The case will be remanded for these examinations.

The Board has denied the veteran's claims for service connection for scoliosis of the lumbar spine and a cervical spine disorder, finding that there is no evidence of such conditions in service or due to any service-connected disability.

The Board finds that the veteran does not have cervical, thoracic, and lumbar spine disabilities as a result of VA hospitalization in June 2003. The claim for service connection for PTSD is denied.

The Board has determined that the veteran's cervical spine disability and headaches were not incurred in or aggravated by service, and thus denied both claims.

The veteran withdrew his appeals for increased ratings and separate evaluations for the service-connected conditions listed. The case is dismissed.

The Board has reopened the veteran's claims for service connection for right ear hearing loss, cervical spine arthritis with nerve impingement, and lumbar radiculopathy and spinal stenosis. The new evidence submitted since the last denial supports these claims.

The veteran's claims for increased ratings for traumatic arthritis left ankle and degenerative disc disease of the cervical spine were denied as his conditions do not warrant a higher evaluation based on current medical evidence.

The Board found that the veteran's cervical spine disorder and bilateral foot disorder are not related to active service. The left knee disability is currently evaluated at 20 percent.

The veteran's claims for higher initial disability ratings for his service-connected knee and spine disabilities were denied. The Board found that the evidence did not support a current hearing loss disability, and the veteran's knee and spine conditions are rated based on limitation of motion.

The veteran's headaches have been related to his service-connected cervical muscle strain with degenerative changes, and the Board has granted service connection for this condition.

The Board has determined that additional evidence is needed to fully and fairly consider the veteran's claims for service connection for psychiatric disability, cervical spine disability, and lumbar spine disability. The VA will seek out any missing records from her treatment providers and request information about stressors related to her claimed disabilities.