Neck / cervical spine decisions — 2008

The Board has remanded the case for additional development due to the need to verify service in Vietnam and obtain a VA examination.

The veteran's claims for service connection for various wrist, knee, ankle, and toe disabilities were denied. Service connection was granted only for a status post right ankle strain with X-ray changes of the tibia.

The Board denied the veteran's claim for service connection for cervical spinal spondylosis with myelopathy, finding that there was no evidence of a chronic disability during service or within one year after separation from service. The Board also found no medical evidence linking the current condition to service.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected cervical strain and intervertebral disc syndrome at L4-5, L5-S1.

The Board has denied the veteran's claims for service connection for a bilateral eye disability, cervical disability, and upper extremity neuropathy. The evidence does not support a finding that these conditions are related to service.

The Board has denied the veteran's claims for service connection for cervical and lumbar spine degenerative disc disease and arthritis, finding that he did not have active service during a period of war. The veteran is also denied basic eligibility for nonservice-connected pension benefits.

The Board found that there is no evidence to support a finding that the veteran's current cervical spine disability had its onset in service or was aggravated during service, including during a period of active duty for training. Therefore, service connection for this condition cannot be granted.

The veteran's claim for an increased rating for his cervical spine disability is being remanded due to the need for a VA examination to assess the extent and current severity of his cervical spine radiculopathy, which is intertwined with his other service-connected condition (left hand carpal tunnel syndrome).

The veteran's claims for service connection have been granted, but the appeal to determine whether there was clear and unmistakable error in a previous rating decision is dismissed.

The Board denied the veteran's claims for service connection for a psychiatric disorder, neck condition, and low back condition. The evidence did not support a finding that these conditions were related to military service.,There was no pre-existing personality disorder noted during service, and current diagnoses of anxiety disorder do not meet the criteria for service connection.

The veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling VA examinations to address the nature and etiology of his claimed conditions.

The Board has granted service connection for tinnitus, degenerative disc disease of the cervical spine, and migraines as residuals of head trauma. The conditions are found to be related to active duty service.

The veteran's claims for increased evaluations of his service-connected cervical, lumbar and thoracic spine disabilities with degenerative joint disease are being remanded due to the need for proper VCAA notice and a VA examination.

The Board has denied the veteran's claim for service connection of his cervical spine disability as secondary to his service-connected amputated left foot disability.

The veteran's appeal for service connection for diabetes mellitus was withdrawn prior to the Board issuing a decision. The remaining issues of service connection for lumbar disc disease and cervical spondylosis are being remanded for additional development.

The Board has determined that the veteran's claimed lumbar spondylosis, cervical spondylosis, and right ankle strain are not service-connected as there is no evidence of a chronic condition during service or within one year thereafter. The VA examination reports do not support a finding of in-service incurrence.

The Board has granted service connection for the cause of the veteran's death due to his service-connected peripheral vascular disease, which was found to have contributed substantially or materially to his death.

The Board has dismissed the veteran's appeals regarding increased ratings for his service-connected jaw, femur, cervical spine, dorsal spine, and lumbar spine disabilities. The earlier effective date claim for TDIU was also dismissed. The veteran's claim for compensation under 38 U.S.C.A. § 1151 for post-operative residuals of a carotid endarterectomy is denied.

The veteran's increased disability ratings for arthritis of the cervical spine, thoracic spine, and lumbar spine have been granted effective from November 25, 2002.

The Board denied the veteran's claims for service connection for hearing loss, a skin disability, a neck disability, and a shoulder disability due to lack of evidence showing current disabilities.