Neck / cervical spine decisions — 2007

The Board has determined that the veteran's cervical spine disorder, including a herniated disc at C6-7, was incurred in service and granted service connection.

The Board has determined that the veteran's current cervical spine disorder is not related to her service, specifically the motor vehicle accident in October 1984. As a result, the claim for service connection for residuals of a cervical spine injury is denied.

The veteran's arthritis of the cervical spine, shoulders, right hip, left hip, and knees are not service connected. However, his degenerative disc disease and spondylosis of the lumbar spine is currently rated at 10% from July 5, 2002 and increased to 40% from March 4, 2006.

The Board has remanded the case for further development, including verification of stressors related to PTSD and obtaining medical records from VA facilities. The veteran's service-connected lumbar and cervical spine disorders are also being evaluated.

The Board has determined that the veteran's degenerative disc disease of the cervical spine with radiculopathy was not incurred in or aggravated by service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a stomach disorder, claimed as secondary to a left knee disorder. However, the claims for right hip disorder, lumbar spine disorder, and cervical spine condition have not been substantiated.

The veteran's claims for an increased rating for a cervical strain and entitlement to a total disability evaluation based on individual unemployability are being remanded due to the need for additional development, including obtaining his Social Security Administration disability file.

The Board denied reopening the claim of entitlement to compensation benefits under 38 U.S.C.A. § 1151 for a neck disability claimed as a result of left ankle surgery performed at a VA Medical Center in July 1984, finding that the additional evidence submitted did not show an etiological relationship between any right knee disorder and the service-connected left ankle fracture residuals.

The Board finds, by resolving all doubt in the veteran's favor, that service connection for a back disability is warranted as it is related to his military service.

The Board has reopened the previously denied service connection claims for cervical spine disability, sinusitis, irritable bowel syndrome, lumbar spine disability with lower extremity paresthesia, dizziness and vertigo, fatigue, fever, cardiovascular disorder (heart racing), cold sores, and night sweats. The claims are granted as presumptively related to Gulf War service exposure.

The Board has determined that the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on July 8 and July 20, 2003 is denied due to a lack of records from VA facilities and private providers. The case is being returned for further development.

The veteran's claims for increased evaluations of his cervical spine and lumbar spine disabilities have been granted, with the cervical spine disability receiving a 20% evaluation effective October 21, 2005.

The veteran's service-connected residuals of a head injury are linked to his in-service head trauma, and the Board has granted service connection. However, the claim for an increased rating remains denied as there is no evidence of multi-infarct dementia associated with brain trauma.

The veteran's appeal is being remanded due to the need for a videoconference hearing before the Board.

The Board has determined that the veteran's current cervical spine disorder is not related to his service-connected thoracolumbar spine injury and therefore, denied the claim for service connection.

The veteran's claims for increased ratings for his service-connected low back disability, paracervical strain, and post-traumatic headaches were denied as the evidence did not meet the criteria for an evaluation in excess of 20 percent.

The veteran's cervical spine disability was initially granted with a 10 percent evaluation effective July 18, 2001.,In November 2006, the veteran received an increased rating to 20 percent effective October 4, 2006.

The VA denied the veteran's claims for higher initial ratings for his service-connected cervical spine disability and allergic rhinitis with sinusitis, finding that the evidence did not warrant a rating in excess of 20 percent.

The veteran's appeal is being remanded for additional development to address the issues of service connection for thoracic and lumbar degenerative disc and joint disease, as well as cervical degenerative disc and joint disease. The case will be reviewed again after the additional development.

The Board has determined that the veteran's character of discharge from his second period of service is a bar to receiving VA benefits for this period, and thus denied all claims on appeal.