Neck / cervical spine decisions — 2007

The veteran's claim for special monthly compensation based on the need for aid and attendance of another person is being remanded due to ambiguity in his service-connected disabilities and the need for a more contemporaneous examination.

The VA has determined that the veteran's service-connected traumatic arthritis of the cervical spine warrants a rating of 40 percent, which is the maximum available under current regulations. The condition is manifested by unfavorable ankylosis of the entire cervical spine.

The Board has determined that there is no evidence linking the veteran's current cervical and lumbar spine disorders to his active service, resulting in a denial of both claims.

The Board denied the veteran's claims for nonservice-connected pension benefits, service connection for a cervical spine disorder, and service connection for a right knee disorder. The decision found that the veteran did not meet the basic eligibility requirements for nonservice-connected pension benefits due to his ACDUTRA period of service in November 1971 to February 1972.

The Board has granted the veteran's request to reopen her claim for service connection of a cervical spine disability, previously denied in August 1991. The appeal is remanded to further develop evidence related to this issue.

The veteran's lumbosacral spine disability was rated at 40 percent since August 1, 2002. The cervical fusion of the C5-6 and C6-7 spine was increased to 40 percent effective July 27, 2000, with a temporary total rating from January 19, 2005, to March 31, 2005.

The evidence does not support the claim that the veteran's current cervical spine, upper extremity, low back, lower extremity, or hypertension disabilities are caused by the July 1989 anterior fusion at C4-C5 performed at a VA medical facility in Temple, Texas.

The Board denied the veteran's claims for service connection for various conditions, finding no current disabilities and insufficient evidence to establish a link between his military service and any diagnosed conditions.

The Board has granted service connection for hypertension, carpal tunnel syndrome of the right wrist, carpal tunnel syndrome of the left wrist, and cardiac arrhythmia secondary to hypertension.

The Board has determined that the evidence currently of record is sufficient to substantiate the veteran's claim to reopen for PTSD. Service connection was denied as there was no credible supporting evidence of the actual occurrence of an in-service stressor, and the veteran did not engage in combat with the enemy during his periods of active duty service.

The Board found that the veteran's degenerative joint disease of the cervical spine warranted a 10 percent evaluation, but not higher. The thoracic and lumbar spine disability claim is pending due to new evidence received.

The veteran's claims for service connection and higher initial evaluations were denied. The veteran was granted a compensable evaluation for amputation of the distal phalanx of the left middle finger.

The Board denied the veteran's claims for higher ratings for his cervical and lumbar spine disabilities, finding that the evidence did not meet the criteria for a rating in excess of 20 percent for the cervical spine disability or 10 percent for the orthopedic manifestations of the lumbar spine disability.

The VA denied the veteran's claims for increased evaluations for his cervical arthritis and laceration scars, finding that the current ratings of 20 percent were appropriate.

The Board has denied the veteran's claims for service connection for residuals of a head injury, bilateral leg disorders, and gastroenteritis. The case is being remanded to allow consideration of additional evidence.

The Board has determined that the veteran does not have rheumatoid arthritis, degenerative joint disease of either knee, degenerative disc disease of the cervical or lumbar spine, or osteoporosis that began in service.

The Board is unable to determine whether the veteran's cervical spine disorder is directly related to service or if it was aggravated by his service-connected left shoulder disorder. The case is being returned for further development.

The Board has granted the veteran's request to reopen her claim for service connection for DJD of the cervical spine. However, due to procedural concerns and the need for further development, including obtaining additional medical opinions, the de novo adjudication of this issue is deferred.

The Board finds that the preponderance of evidence is against finding that cervical spine, left knee, or left shoulder disorders were present in-service.,Arthritis may not be presumed to have been incurred due to lack of evidence showing arthritis manifested within one year after separation from active duty.

The Board has denied the veteran's claims for service connection for cervical spine disability, lumbar spine disability, bilateral hearing loss, sinusitis, bilateral genu varus (claimed as trench foot), tinnitus, left leg condition, right arm condition, and head condition. The appeal is not about service connection at all.