Neck / cervical spine decisions — 2007

The Board denied the veteran's claims for service connection for diabetes mellitus, hypertension, an aneurysm of the brain, and a spinal disability (arthritis of the cervical spine) due to lack of evidence of exposure to Agent Orange in Korea. The conditions were not shown to have had onset during service or within one year after separation from service.

The Board has determined that the veteran's bilateral leg swelling with thrombosis of the right calf and cervical spine disorder are not related to his service-connected disability of the left leg. Therefore, these claims for service connection have been denied.

The veteran's appeal is being remanded for further examination and opinion regarding her claimed cervical spine injury, migraine headaches, depression, and left side numbness and tingling. The Board will determine if these conditions are related to her military service.

The Board has ordered additional development of the veteran's claims for service connection for low back strain and degenerative joint disease of the cervical spine, including obtaining medical records from various providers.

The Board has reopened the veteran's claim for service connection for a cervical spine disability due to new evidence received since the October 1989 decision.

The veteran's cervical spine disability is rated at 20 percent, and her right shoulder disability is rated at 30 percent. The veteran's psoriasis has been granted with a rating of 30 percent effective May 23, 2003.

The Board denied service connection for a cervical spine disorder and left knee disorder as secondary to a service-connected disability. The veteran's current conditions are not shown to be related to his military service.

The veteran's claim for an increased evaluation of his service-connected cervical spine disability with neuropathy of the upper and lower extremities is being remanded due to unclear assignment of the rating, as well as the need for clarification on the severity of neurological impairment.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the current severity of his service-connected cervical spine, lumbar spine, left lower extremity, and right lower extremity conditions.

The VA has denied the veteran's claim for an increased evaluation of his cervical spine injury with traumatic arthritis, currently rated at 20 percent.

The VA denied the veteran's claims for a higher rating for his cervical spine condition and service connection for obstructive sleep apnea. The VA found that the veteran did not meet the criteria for an increased rating under the applicable diagnostic codes, and there was no evidence of service connection for obstructive sleep apnea.

The Board has determined that additional efforts are needed to obtain the veteran's service medical records and other relevant post-service treatment records. The case is being remanded for these purposes.

The veteran's Pott's disease of the cervical spine is rated at 60 percent, which meets his request for an increased rating. The compensable rating for surgical scarring and the total rating based on individual unemployability are pending further development.

The Board denied service connection for migraine headaches, heart disease, and cervical spine disability. The veteran's claims were not supported by evidence showing a pre-existing condition or aggravation during service.

The veteran's claim for an evaluation in excess of 40 percent for ankylosing spondylitis of the lumbar segment of the spine prior to August 8, 2005 was denied.,The veteran's claim for increased evaluations for residuals of a right acromioclavicular separation from September 1, 1993, to September 10, 2001 and after September 10, 2001 and prior to August 8, 2005 was denied.,The veteran's claim for an evaluation in excess of 10 percent for hypertension on appeal from initial grant of service connection was denied.,The veteran's claim for an evaluation in excess of 10 percent for hepatitis (including a hiatal hernia and gastroesophageal reflux with history of a gallstone) on appeal from initial grant of service connection was denied.

The veteran's appeal is being remanded due to the need for additional development, including obtaining private medical records and providing proper VCAA notice.

The Board found new and material evidence to have been submitted, but determined that the claim for service connection for a cervical spine disorder has not been reopened due to insufficient evidence.

The Board has denied the appellant's claims for service connection for multiple sclerosis, cerebral vascular disease, right maxillary sinus lesion, mood disorder, and cervical spondylosis as they are not shown to be due to carbon monoxide poisoning or any other event or incident during his period of active duty for training.

The Board denied service connection for sternum injury, left shoulder tendonitis (left shoulder disability), and cervical spine disability as there was no evidence of current disabilities or a link to service.

The Board found that the veteran's current diagnoses of arthritis and degenerative disk disease of the cervical spine are not related to his service, including as a result of exposure to herbicides. The claim for service connection was denied.