Neck / cervical spine decisions — 2007

The veteran's claims for service connection for right arm/elbow, right leg, and right hip disabilities are denied. The cervical spine, lumbar spine, and right shoulder disabilities were established prior to service and are not considered incurred in or aggravated by service. Service connection is granted for the skin disability and right knee disability as they were established prior to service. Hypertension was not present during service or within one year of separation.

The Board has determined that the veteran does not have a neck disability related to his military service and therefore denied his claim for service connection.

The veteran's appeal is being remanded for additional development, including scheduling examinations and obtaining medical records. The case will be reviewed to determine if staged ratings are warranted for the cervical spine.

The Board has determined that the veteran's cervical spine disorder warrants a 40 percent disability rating, effective from when his service-connected condition was first assigned.

The veteran's service-connected disabilities do not preclude substantially gainful employment.

The Board has remanded the case due to new evidence received and a need for further review of the claim, including SSA records and notification issues.

The veteran's appeal is being remanded for additional development, including a new VA examination and VCAA notice.

The veteran's claims for higher initial evaluations for the residuals of left humerus fracture, left clavicle and scapula fractures, and cervical disc bulge at C5-C6 were denied as his conditions did not meet the criteria for a higher evaluation under applicable diagnostic codes.

The veteran's cervical spondylosis, C4-5 and C5-6, was rated at 10 percent from January 1, 1997 to September 25, 2003. Since then, the rating has been increased to 20 percent.

The Board denied the veteran's claim for an earlier effective date for his service-connected cervical and lumbosacral spine disabilities, finding that no credible evidence confirms he filed a claim before May 24, 1999.

The Board denied an increased rating for the veteran's cervical spine disability, finding that the current evaluation of 20 percent is appropriate given her symptoms and examination findings.

The Board has determined that further development is needed due to the submission of new evidence and a need for a VA examination. The appeal will be remanded to the RO for consideration.

The veteran's appeal is being remanded for additional development, including obtaining records of his pre-service motor vehicle accident and scheduling him for a VA examination to determine the nature and severity of his service-connected lumbar spondylosis with right radiculopathy at S1.

The veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling the veteran for a VA examination to assess his current disability levels.

The Board denied the veteran's claim for service connection for bilateral carpal tunnel syndrome with left ulnar nerve neuropathy, finding that it was not related to any injury or disease incurred in service. The issue of reopening a 38 U.S.C.A. § 1151 claim for compensation resulting from VA medical treatment is remanded.

The veteran's claims for service connection for PTSD, prostate disability, and skin disability are denied due to lack of a confirmed stressor or diagnosis. The veteran's claim for service connection for residuals of gonorrhea is denied as there is no medical evidence linking the condition to service. The veteran's claims for service connection for headaches, GERD, left ankle disability, neck disability, and Tietze's syndrome are denied due to lack of a current diagnosis or competent medical evidence linking the conditions to service.

The Board found that the veteran's cervical spine disability, CTS, arthritis of the hands, and low back disability are not service-connected as secondary to his service-connected bilateral lower leg disability. The case is being remanded for further examination.

The Board denied the veteran's claims of service connection for a chronic sinus disorder and cervical spine disorder, as well as his requests for increased ratings and an earlier effective date for his 40 percent rating for his service-connected left shoulder disability. The Board found that new evidence submitted since the April 2002 decision did not relate to an unestablished fact necessary to substantiate the claim for a cervical spine disorder, and denied all other claims.

The Board finds that the veteran's arthritis of the cervical and lumbar spine was incurred during active service.

The Board has denied the veteran's claims for service connection for a right shoulder disability and a cervical spine disability, finding that there is no evidence of an in-service injury or disease that caused these conditions. The preponderance of the evidence does not support a finding of aggravation by service or incurrence due to the 1998 motor vehicle accident.