Neck / cervical spine decisions — 2007

The Board denied increased ratings for the veteran's service-connected myofasciitis of the left arm and cervical strain with neuropathy, as well as a compensable rating for benign esophageal polyp. The appeal was based on evidence showing no significant impairment in range of motion or neurological function.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing proper VCAA notice.

The Board denied the veteran's petition to reopen his final disallowed claim for service connection due to lack of new and material evidence, concluding that the previous determinations were not incorrect.

The VA determined that the veteran's service-connected disabilities do not meet the criteria for SMC based on regular aid and attendance or housebound status.

The Board has denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, a right inguinal hernia, hemorrhoids, peptic ulcer disease, and degenerative disc disease of the cervical spine. The evidence does not support a finding that these conditions are related to military service.

The veteran's claim for higher ratings for his service-connected cervical spine disorder was denied. The evidence did not meet the criteria for a rating in excess of 10 percent prior to March 11, 2005 or in excess of 30 percent since that date.

The Board has determined that the veteran's current cervical spine disability is not related to his military service and therefore denied his claim for service connection.

The Board has granted service connection for cervical spondylosis but the claim for degenerative disc disease of the lumbar spine requires further development.

The veteran's claim for service connection for purpose of obtaining VA dental treatment for periodontal disease was denied as the evidence did not meet the criteria for eligibility under VA regulations. The claims for lumbar and cervical spine disabilities, and residuals of cold injury of the feet (immersion) were also denied due to lack of new and material evidence.

The Board has determined that the veteran's lumbosacral spine disability is related to his service, and thus granted service connection for this condition. The cervical spine disability was not addressed in the decision.

The veteran's claims for service connection for degenerative joint disease of the cervical spine, right ear hearing loss, and prostate cancer were denied as there is no competent evidence linking these conditions to his military service.

The veteran's claims for increased ratings and service connection were denied. The cervical spine DJD was rated at 30 percent, TMJ dysfunction varied in rating based on interincisal range of motion, dysthymic disorder was rated at 30 percent, lumbar spine DJD with sciatica was not related to service or any applicable presumptive period, and seizures were not incurred in or as a result of active duty service.

The veteran's claim for a TDIU is being remanded due to the need for additional information and evidence regarding his service-connected disabilities and their impact on his employability.

The veteran's chronic fatigue, degenerative disc disease of the cervical spine, and degenerative disc disease of the lumbosacral spine have been granted service connection as due to an undiagnosed illness. The left ear hearing loss claim remains pending.

The Board has granted service connection for arthritis of the cervical spine and finds that it is presumed to have been incurred during active service. The low back pain, visual impairment, and streptococcal infection are also found to be due to an undiagnosed illness.

The Board has granted service connection for migraine headaches and determined that a separate evaluation for arthritis of the neck is not warranted. The veteran's residuals of a fractured C6 vertebra with degenerative changes are currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5235.

The Board has determined that service connection is not granted for a right leg disorder due to the lack of evidence linking it to active duty service. The claim for left lower extremity hyperreflexia secondary to cervical myelopathy was also denied as there is no competent medical evidence showing such condition is related to a service-connected disability.,The Board found that while the veteran has a history of head trauma, there is insufficient evidence linking his current right leg disorder or left lower extremity hyperreflexia to active duty service.

The Board denied increased ratings for cervical spine disability, hypoparathyroidism, and postoperative residuals of thyroidectomy. The veteran's TDIU claim was also denied.

The Board has determined that the veteran's claimed cervical spine and lumbar spine disabilities were not incurred in service, nor are they related to his service-connected diabetes mellitus. The veteran's hypothyroidism and hypertension have also been found not to be related to service or any service-connected disability.

The Board denied the veteran's claims for service connection for nasal, throat, eye, neck, and low back disabilities.