Neck / cervical spine decisions — 2007

The Board has reopened the veteran's claim of service connection for a psychiatric disability characterized as depression. However, it found no new evidence that would establish service connection and denied both the original claim of service connection for a cervical spine disability and the secondary service connection claim based on his service-connected lumbar spine disability.

The Board has not found new and material evidence to reopen the claim of service connection for degenerative arthritis of the lumbosacral and cervical spines, but has determined that some issues may be granted based on reopening.

The Board has determined that the veteran's left hip and cervical spine disabilities do not warrant a higher disability evaluation based on current symptoms and medical evidence.

The veteran's death was not due to a service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the required criteria for total disability rating.

The veteran's claims for higher initial ratings for cervical and lumbosacral spine disabilities were granted, with the effective date of March 26, 2002.

The veteran's claim for an increased evaluation of his service-connected cervical strain is being remanded due to the need for additional medical examination and treatment records.

The veteran's service-connected thoracic spine disability did not meet the criteria for a higher initial rating.,For his cervical spine disability, the veteran met the criteria for an initial 10 percent rating prior to January 19, 2005, and in excess of 30 percent therefrom. However, he did not meet the criteria for a higher initial rating.,The right shoulder disability did not meet the criteria for a higher initial rating.,For his service-connected hypothyroidism, the veteran did not meet the criteria for an initial rating in excess of 10 percent prior to May 15, 2002, and in excess of 30 percent therefrom. The veteran's ankle disorder was not found to be incurred during active service.,The veteran failed to submit a substantive appeal regarding his claim for increased ratings on headaches.

The veteran's cervical spine disability with traumatic arthritis is currently rated at 20 percent, which does not meet the criteria for a higher rating. The veteran's paresthesia of the left upper extremity has been separately evaluated and does not warrant an increased rating.

The Board granted the veteran's claims for service connection for fibromyalgia, bilateral shoulder tendonitis and strain, left shoulder bursitis, and degenerative disc disease of the cervical spine. The claims for hand disability and joint pain were not addressed as they are separate issues.

The Board has determined that new and material evidence was received to reopen the claim for service connection for a back disorder. The veteran's current back problems are found to be related to his active duty service.

The Board has determined that the veteran does not have a right hip disorder or left hip disorder related to her active service. The claims for these conditions are therefore denied.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a VA examination with an orthopedist to determine the nature and likely etiology of the veteran's cervical, thoracic, and lumbar spine conditions.

The veteran's left knee disability is not shown to be related to his service or service-connected sarcoidosis.,Service connection for sarcoidosis has been granted and the current disability picture more nearly approximates that of pulmonary involvement requiring systemic high dose (therapeutic) corticosteroids for control, warranting a 60 percent evaluation.,The veteran's right index finger deformity is shown to be productive of functional loss that more nearly approximates that of a gap of one inch between the tip of the digit and the palm, warranting a 10 percent evaluation.

The Board denied the veteran's claims for service connection for degenerative disc disease of the cervical spine, gastritis, and a back condition. The veteran was not granted any increased ratings for his pilonidal cyst or hypertension.,Service connection was denied for gastritis and a back condition as there is no evidence linking these conditions to active duty service.

The veteran's appeal is being remanded to obtain additional medical records and for further review of his claims.

The Board denied the veteran's claims for increased ratings for a cervical spine disability and ulnar nerve impairment, as well as his service connection claims for right shoulder impingement, migraines, and synovitis of the right wrist. The evidence did not establish current disabilities for these conditions.

The Board denied the veteran's claims of service connection for residuals of a neck injury, including arthritis of the cervical spine and residuals of bilateral hip injuries. The application to reopen a claim of service connection for residuals of bilateral hip injuries was denied.

The Board found that the veteran's hearing loss and spine disabilities were not incurred or aggravated by service, as there was no evidence of a nexus between his current conditions and his military service. The Board also noted that the veteran's left ear hearing loss existed prior to service.

The Board denied the veteran's claims for service connection for rheumatoid arthritis of the cervical and lumbar spine with cervical disc disease, hypertension with sinus tachycardia, and malignant thymoma. The claim for residuals of a back muscle strain was not reopened due to lack of new and material evidence.

The veteran's appeal is remanded for additional development, including a VA examination to determine the etiology of any cervical and thoracic spine disabilities and their relationship to his service-connected residuals of a gunshot wound. The claims for secondary service connection are also intertwined with the rating claim.