Neck / cervical spine decisions — 2008

The veteran's cervical strain and low back strain are found to be related to his service. The claims for PTSD and loss of feeling in the legs were denied due to lack of new and material evidence, but the veteran's cervical strain and low back strain have been granted service connection.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case for additional development, including obtaining medical records and attempting to correct errors in the claim file.

The Board has denied the veteran's claim for service connection for a neck condition, finding that there is no record of treatment or diagnosis related to cervical spine degenerative arthritis and degenerative disc disease during military service.

The Board has remanded the veteran's claims for service connection for degenerative joint disease of the lumbar and cervical spine due to a lack of proper notification, need for VA examination, and other procedural issues.

The Board has remanded the case for a travel board hearing at the RO in San Juan, Puerto Rico.

The Board has denied the veteran's claims for service connection for various conditions, including lumbar spine disability, memory loss, joint pain, headaches, and right upper extremity and cervical spine disabilities. The evidence did not raise a reasonable possibility of substantiating these claims.

The Board has determined that additional development is needed to determine the relationship between the veteran's cervical spine and major depression conditions and his military service.

The Board has determined that the May 2003 rating decision denying service connection for low back disability, cervical spine disability, and an acquired psychiatric disability (PTSD) is final. As new and material evidence was not received since these decisions, the claims remain denied.

The Board denied service connection for cervical and lumbar spine disability, finding that the veteran's current conditions are not related to his military service. The Board also denied compensation under 38 U.S.C.A. § 1151 for coronary artery disease, concluding that there was no additional disability resulting from VA medical treatment on March 18, 2002.,The decision found that the veteran's current back conditions are due to wear and tear over the years following service.

The Board finds that the veteran's lower back disability, including arthritis, cervical degenerative joint disease, and left foot swelling were not incurred in or aggravated by service. The Board also found that PTSD was not attributable to service.,PTSD is a chronic disease to which the presumptive provisions of 38 C.F.R. § 3.309(e) do not apply.

The veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and obtaining medical records.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's appeal is being remanded for a personal hearing before a Veterans Law Judge at the RO.

The veteran's appeal is being remanded for further development, including the provision of VA examinations and consideration of her service-connected disabilities in determining whether she is unemployable due to those conditions.

The Board denied the veteran's claims for initial compensable evaluations for his service-connected conditions, including erectile dysfunction, cervical spine disability, fibromyalgia, patellofemoral syndrome of the right and left knees, and bilateral pes planus. The veteran was also denied service connection for hyperlipidemia.

The Board has granted increased ratings for the veteran's cervical spine degenerative disc disease, post-traumatic headaches, and ganglion cyst of the left wrist. The veteran now receives a 20 percent rating for his cervical spine disability since August 13, 2003, a 30 percent rating for his headaches, and a 10 percent rating for his ganglion cyst.

The Board found that the evidence submitted since the previous final denial does not relate to unestablished facts necessary to substantiate the claims for service connection for degenerative disc disease of the cervical spine, lumbar spine, an eye disorder including residuals of a left eye injury, and hypertension. As such, these claims are not reopened.

The veteran's claims for higher initial evaluations of residuals from a right hamstring tear, irritable bowel syndrome with GERD, and right knee ACL reconstruction have been denied. The veteran is currently rated at 10 percent for these conditions.

The Board denied the veteran's claim for service connection as his cervical spine disorder was not shown to be related to service or an event of service origin.