Neck / cervical spine decisions — 2008

The Board denied the veteran's claims for an increased disability rating for his cervical spine disorder and service connection for an acquired psychiatric disorder.

The Board granted an initial rating of 10 percent for the cervical spine disorder prior to November 6, 1997 and increased it to 20 percent effective from that date. Service connection was also granted for a headache disorder.

The Board has remanded the case due to incomplete records and inadequate VCAA notifications. The veteran's claims for service connection are being reviewed, along with his claim regarding bilateral hearing loss.

The veteran's appeals for service connection and higher ratings have been withdrawn. The Board has also found that the veteran sustained a fracture of his right fifth toe in service, which is now considered service-connected.

The Board denied the veteran's service connection claims for depressive disorder, nocturnal myoclonus/ restless leg syndrome, cervical spine disorder, arthritis, and myeloma/melanoma on the abdomen. The left foot/toes disorder was evaluated but not granted a compensable rating.

The VA determined that the veteran's current chronic neck disability was not incurred or aggravated by service, and denied his claim for service connection.

The Board has determined that the veteran's cervical radiculopathy, which pre-existed his second period of active service, was aggravated by service. Therefore, the claim for service connection is granted.

The Board has determined that the veteran's arthritis of the cervical spine is related to his service, specifically parachute jumps during active duty. Service connection for this condition is granted.

The Board has determined that the veteran's cervical spine disability, manifested by forward flexion of 40 degrees and arthritis, does not warrant a rating in excess of 20 percent.

The Board has determined that the veteran's acquired psychiatric disability, other than PTSD, and his disability of the neck were not incurred in service. The evidence does not support a finding of direct service connection for these conditions.

The veteran's claim for increased ratings for cervical disc disease and erectile dysfunction was denied. The Board found that the evidence did not support a compensable evaluation for erectile dysfunction, as there was no deformity of the penis.

The veteran died of metastatic sarcoma, but the VA medical opinion and independent medical expert (IME) concluded that his service-connected cervical spine disability did not cause or contribute to his death. The Board denied the claim for service connection for cause of death.

The Board has determined that there is no competent evidence of a current low back disability, and thus service connection for a low back disability cannot be granted.

The Board has denied the veteran's claims for service connection for residuals of a whiplash injury to the cervical area and for an evaluation of status post sigmoidoscopy and hemorrhoidectomy. The case is being remanded for further action regarding the latter issue.

The Board has remanded the case due to incomplete medical records and the need to obtain Social Security Administration (SSA) records. The veteran's claims for service connection are pending.

The veteran's need for regular aid and attendance due to his disabilities, including a right ankle fracture, chronic low back pain, hypertension, cervical myositis, arthritis of the left foot, depressive disorder, and morbid obesity, has been established. As such, he qualifies for special monthly pension based on this need.

The Board has ordered a remand for an additional VA examination to determine if the veteran's cervical spine disability is related to his service. The claim will be reconsidered based on this new information.

The veteran's service-connected cervical spine radiculopathies and productive changes of the thoracolumbar spine have been granted initial evaluations in excess of 20 percent effective from April 6, 2004.

The Board denied the veteran's claims for service connection for fibromyalgia, arthritis of multiple joints (including degenerative changes of the cervical spine), a heart condition (claimed as arteriosclerotic heart disease), hypertension, and a chronic disability manifested by weakness of the extremities. The preponderance of the evidence is against a finding that any of these conditions were incurred in or aggravated by service or are related to a service-connected disability.

The Board has remanded the veteran's claims for additional development due to insufficient opinions in the September 2007 examination report.