Neck / cervical spine decisions — 2007

The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for complications from a June 2004 cervical spine surgery at a VA facility, alleging that the care was negligent and resulted in additional disability.

The Board denied the veteran's claims for service connection for a neck disability, psychiatric disorder, cholestasis secondary to sepsis, and acute rhabdomyolysis. The appeal was reopened on new evidence, but no rating or effective date was assigned.

The Board found that the veteran's cervical spine spondylolisthesis warranted a 20 percent evaluation, which is the maximum schedular rating available under current VA regulations. The other issues were not addressed as they are not part of this decision.

The Board has reopened the claim of service connection for a psychiatric disorder and granted it. The veteran's claims for chronic sinusitis, allergic rhinitis, headaches, gastrointestinal disorders, and arthritis of the cervical and lumbar spine have been addressed.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by his active duty service.

The Board granted service connection for the low back and neck disabilities, but denied increased ratings. The veteran was also granted a permanent and total disability rating for VA pension purposes.

The Board found that the veteran did not have a cervical spine disorder during service or due to an in-service injury, and thus denied his claim for service connection.

The Board has granted service connection for scars of the right index finger and left ring finger, but denied service connection for neck disability and upper back disability.

The veteran's appeal is being remanded to the RO for proper consideration of her TDIU claim, including a VA examination and additional development of her service-connected disabilities.

The Board has determined that the veteran should be afforded another VA examination to evaluate his left upper extremity and cervical spine disabilities, including any radicular impairment. The case will then be readjudicated.

The Board denied the veteran's claims for service connection for right shoulder disability, neck disability, low back disability, and leg disability. The Board found that these disabilities were not incurred or aggravated by his active duty service.

The Board denied the veteran's claim for service connection for degenerative stenosis of the cervical spine, finding no evidence that it was incurred in or aggravated by active military service and concluding there is no nexus between his current condition and any aspect of his active duty service, including a service-connected disability.

The veteran is seeking service connection for a cervical spine disorder, which he contends is related to his service-connected lumbar spine disability. The Board has determined that further examination and opinion are needed to determine the nature and etiology of any current cervical spine disability.

The Board has determined that the veteran does not have a current disability related to cervical dysplasia or a respiratory disability, and therefore service connection for these conditions is denied.

The Board denied the veteran's claims for service connection of his left shoulder, upper back, and cervical spine disabilities due to lack of new and material evidence.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. However, the claims of service connection for both a back disability (including arthritis of the lumbar spine) and a neck disability have not been substantiated as they are not related to service or any disease or injury of service origin.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's low back and cervical spine complaints, including verifying his periods of service and obtaining VA treatment records. The claims will be remanded for these actions.

The Board has remanded the case for additional development, including obtaining X-rays of the cervical spine and scheduling a VA examination to determine if there is any demonstrable deformity of the C5 and/or C6 vertebrae. The claim will be reconsidered based on Diagnostic Code 5285 under the pre-September 2003 version of the Rating Schedule.

The veteran's service-connected disabilities do not render him incapable of performing activities of daily living without regular assistance from another person, and he does not have a single service connected disability rated at 100 percent. The veteran is not substantially confined to his ward or clinic areas because of his service-connected disabilities.

The veteran's claims for service connection for depression and residuals of the removal of benign tumors from the left arm were granted.,A rating in excess of 10 percent was assigned for residuals of the removal of benign tumors from the left arm.