Neck / cervical spine decisions — 2007

The Board denied the veteran's claim for an effective date prior to June 29, 2001 for the grant of service connection for cervical facet arthropathy. The decision found that no earlier effective date is warranted as the veteran did not file a new claim until June 29, 2001.

The veteran withdrew his appeal regarding a claim for an increased rating for gunshot wound residuals and degenerative changes of the cervical spine, so the case is dismissed.

The Board has determined that the veteran's current carpal tunnel syndrome and degenerative joint disease of the cervical spine did not result from his military service, and therefore denied both claims.

The veteran's cervical spine disability and acquired psychiatric disorder are being remanded for further development to determine if service connection is warranted on a secondary basis due to her service-connected low back pain.

The veteran's claims for increased evaluations of his cervical spine, lumbar spine, and right wrist carpal tunnel syndrome disabilities were denied by the Board. The conditions are service-connected under a direct theory.

The veteran's appeal includes claims for increased ratings and service connection for various conditions, including a duodenal ulcer, T8 compression fracture residuals, and cervical spine myofascial pain syndrome. The case is being remanded to obtain additional evidence and potential VA examinations.

The veteran's claims for service connection and evaluation are being remanded due to the submission of additional arguments and evidence. The RO will review these matters and issue a Supplemental Statement of the Case if necessary.

The Board denied service connection for low back and cervical spine disorders, finding no evidence of a current disability related to military service.

The Board denied the veteran's claims for increased evaluations for his service-connected disabilities, including residuals of a fractured head of the left radius (elbow), chronic left shoulder strain, DJD of the cervical spine C5, C6, C7, and peripheral neuropathy of the upper extremities. The appeal was not about service connection at all.

The Board has reopened the veteran's claim for service connection for a spinal disorder diagnosed as DDD and ankylosing spondylitis. The claims of entitlement to service connection for gastroesophageal reflux esophagitis, residuals of injuries to the right arm and elbow, and increased rating for residuals of injury, fifth segment of sacrum with sprain of the sacroiliac joint are being remanded for further development.

The case is being remanded for additional examinations and evaluations to determine the extent of the veteran's right knee disability, cervical spondylosis, and residuals of thyroid cancer status post thyroidectomy. The RO will then review the claims again.

The Board has determined that the veteran's cervical spine strain with arthritis warrants a 30 percent evaluation, and his myositis of the left foot warrants a non-compensable (zero percent) evaluation.

The veteran's cause of death, cachexia with inanition, was not related to service or his service-connected disabilities. The appellant did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that the veteran's degenerative joint disease of the cervical spine is related to his military service and grants the claim for service connection.

The Board has denied the veteran's claims for service connection for various back, hip, leg, and knee disorders as well as left and right upper extremity disorders. The evidence does not establish that these conditions were incurred or aggravated during active duty.

The Board has denied the veteran's claims for service connection for cervical spine and thoracic spine injuries with degenerative disc disease, finding that there is no evidence of such conditions during or proximate to active service.

The Board denied the veteran's claims of service connection for an anxiety disorder and residuals of a neck injury including degenerative cervical spondylosis as secondary to right ankle degenerative arthritis, and also denied his claim for an initial evaluation in excess of 20 percent for right ankle degenerative arthritis. The VA examinations indicated that the right ankle disability was manifested by marked limitation of motion with constant pain, swelling, instability, weakness, catching, clicking, and popping.

The Board found no evidence of a cervical spine disorder during service or for many years after discharge. The veteran's current cervical spine disorder is not related to his service-connected low back disability and does not have a direct link to service. Therefore, the claim for service connection was denied.

The veteran's claims for service connection for chronic rhinitis, multilevel degenerative disc disease of the cervical spine, and a full thickness supraspinatus tear of the left shoulder were denied as there is no evidence linking these conditions to his military service.

The veteran's service-connected lumbosacral strain and degenerative disc disease of the cervical spine have been rated at their maximum allowable evaluations (40% for each condition).