Neck / cervical spine decisions — 2007

The veteran's cervical spine disability is not service-connected, and her diabetes mellitus was not incurred in or aggravated by active service. The right thumb disability has been granted as service-connected but the initial evaluation remains at 20%.

The veteran's unauthorized medical expenses incurred on April 17 and 18, 2006 are approved due to the emergency nature of his condition and the unavailability of VA facilities.

The Board has denied the veteran's claims for service connection for right ear hearing loss, cervical spine disability with spondylosis and spinal stenosis, left shoulder degenerative osteoarthritis, thoracolumbar disability (chronic strain of the thoracic spine), and left ear hearing loss. The decision is based on a lack of evidence linking these conditions to service.

The Board has remanded the case for additional development, including obtaining treatment records from the 1970s and 1980s and a spine examination to determine if the veteran's current cervical spine condition is related to service.

The Board has determined that the veteran's claim for service connection for degenerative joint disease of the back cannot be reopened, and his claim for service connection for a neck disability is denied.

The Board has denied the veteran's petitions to reopen his claims for service connection for various conditions, including hypertension, cervical sprain, appendectomy scar, degenerative changes of the lumbar spine (now termed), tinnitus, bilateral hearing loss, and anxiety reaction. The RO previously denied these petitions in April 1997 and April 2002 without reopening them.

The Board has remanded the case for further development, including obtaining medical opinions and evidence related to the veteran's cervical spine disability and its relation to service, particularly exposure to Agent Orange. The veteran's claim is currently pending.

The veteran's service-connected degenerative disc disease of the cervical spine with arthritis has been rated at 20 percent, which is the maximum rating available under the General Ratings Formula for Diseases and Injuries of the Spine.

The Board of Veterans' Appeals has remanded the case for further development and consideration, including obtaining a VA examination to determine the etiology of the veteran's cervical spine disorder and considering whether it is related to service or any other cause.

The Board finds that the veteran's spinal disorders are related to service and grants his claim for service connection. The veteran is not entitled to special monthly compensation based on aid and attendance due to his non-service-connected conditions.

The Board has determined that the veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by his military service.

The Board found that the veteran's current lumbar and cervical spine disabilities are not related to service, and thus denied his claims for service connection.

The veteran's low back disability is rated at 20 percent, and his service-connected disabilities do not meet the criteria for a TDIU. The appeal is denied.

The veteran's cervical spine disability with arthritis is currently rated at 20 percent, effective September 23, 2002. The evaluation remains unchanged.

The Board denied the veteran's claims for increased ratings and service connection, finding that her right ankle sprain warranted a 10 percent rating. The other issues were also denied.

The VA granted an initial evaluation of 10 percent for the veteran's cervical spine disability from November 12, 1999 to September 5, 2005. From September 6, 2005, a higher evaluation of 30 percent was granted.

The veteran's claim for a higher rating for his cervical spine disability is being remanded to obtain additional medical records and to schedule the veteran for an examination.

The Board found that the veteran's claimed conditions were not incurred or aggravated during service and did not develop as a result of an established event, injury, or disease. The claims for service connection were denied.

The veteran's TDIU claim is denied because the evidence shows he is unable to secure and maintain substantially gainful employment due to his nonservice-connected psychiatric disorders, not his service-connected disabilities.

The Board has decided to remand the case for further development, including a VA examination and etiological opinion regarding the relationship between the veteran's cervical spine disability and his service-connected right shoulder disability.