Neck / cervical spine decisions — 2008

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

The Board has determined that the veteran does not have current diagnoses for bilateral pes planus, right knee disability, or cervical spine disability. The claims of service connection for these conditions are denied.

The Board has determined that service connection is granted for lumbar scoliosis but denied for a cervical spine disability. The veteran's low back disability remains at its current rating of 20 percent.

The veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and a vocational rehabilitation folder. The case will be scheduled for an orthopedic and neurological examination to evaluate his cervical spine disability.

The Board denied service connection for a cervical spine disorder and the claim for an initial disability rating in excess of 10 percent for major depression.

The Board has determined that the veteran's cervical and lumbar spine disorders, to include residuals of muscle strain of the back, and malignant thymoma are not related to service. The claims for these conditions have been denied.

The appellant's claim for a higher initial level of special monthly compensation (SMC) based on the need for special aid and attendance or a higher level of care was denied as his service-connected disabilities do not meet the criteria for SMC under any provision.

The Board denied the veteran's petition to reopen his claim for service connection for a low back disability and also denied his secondary service connection claim for cervical spine disability with radiculopathy. The evidence did not establish new and material evidence, nor did it show that any current disabilities are related to service.

The Board has determined that the veteran does not have a current left knee disorder or cervical spine disorder that is causally related to his military service. The evidence shows no in-service injury, disease, or event and no current disability.

The veteran's claims for increased ratings for cervical spine degenerative disc disease, allergic rhinitis, and status post excision of malignant melanoma were denied. The RO assigned a 40 percent evaluation for cervical spine degenerative disc disease effective from May 12, 2005.

The Board has remanded the claims due to insufficient opinions regarding service connection for thoracic and cervical spine diseases, as well as a need to obtain Social Security Administration records.

The Board found no evidence of a nexus between the veteran's current neck, nose, and back disabilities and service. The claims for service connection were denied.

The Board has reopened the veteran's claims of service connection for bilateral shoulder, cervical spine, and low back conditions. However, the evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by service and is not proximately due to or the result of his service-connected lumbar spine disability. The claim for service connection on a secondary basis was denied.

The VA denied an initial disability rating in excess of 20 percent for a service-connected cervical strain, finding that the veteran's condition did not meet criteria for higher ratings based on incapacitating episodes or other factors.

The veteran's claims for an increased evaluation for cervical headaches and TDIU are being remanded due to the need for additional development.

The Board found no relationship between the veteran's current degenerative disc disease and a disease or injury in service, thus denying his claim for service connection.

The Board has determined that service connection is not warranted for the claimed conditions, including arthritis of the cervical spine and hands/wrists, a right shoulder disorder, an eye disorder (including glaucoma), bilateral hearing loss, bronchiectasis, COPD with asthma, hypertension, stomach ulcers, liver sclerosis, GERD/hiatal hernia, prostate disorder, or any other condition. The veteran's claims are denied.

The Board denied the veteran's claims for service connection and an increased evaluation, finding no evidence of a current cervical spine disability related to his military service or a service-connected low back condition. The veteran's current cervical spine disability was not found to be proximately due to or aggravated by his service-connected low back disability.

The veteran's service-connected disabilities, including her hysterectomy and cervical spine disability, render her unemployable. The Board finds that she is entitled to a total disability rating based on individual unemployability.