Neck / cervical spine decisions — 2008

The Board has remanded the case for additional development due to new medical records and examinations.

The Board has reopened the veteran's claim for service connection for gastroesophageal reflux disease (GERD) due to new and material evidence. The claims for fibromyalgia, chronic lumbosacral spine strain, and acquired stenosis of the cervical spine are remanded for further development.

The veteran's claim for an initial compensable rating for bilateral pes planus was denied, and his claim for a higher rating for cervical spine disability was also denied.

The veteran's service-connected spine disabilities rendered him unemployable and virtually housebound, qualifying for TDIU benefits. The cause of death was sepsis, not related to his service-connected conditions.

The Board has determined that the veteran does not have any of the claimed conditions (tinea pedis, low back strain, cervical strain, or residuals of a head injury) that are service-connected. The evidence does not support a finding that these conditions were incurred in or aggravated by military service.

The veteran's claims for service connection were denied as his conditions are not related to his active duty service, including exposure to herbicides.

The veteran's claims for increased evaluations for high frequency hearing loss and cervical spine disability were denied. The RO found that the evidence did not support a higher evaluation for either condition.

The veteran's service-connected bilateral pes planus and cervical spine disorder were denied, with the denial of the cervical spine disorder being due to a lack of evidence connecting it to active service.

The Board has determined that the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim of service connection for the cause of the veteran's death and thus, the claim is denied.

The veteran's claims for increased ratings for service-connected degenerative disc disease of the thoracolumbar and cervical spine are being remanded due to procedural defects in the VCAA notice provided.

The Board has dismissed the appeal seeking service connection for a low back disability due to the veteran's withdrawal of his appeal. The claim for service connection for a cervical spine disability is denied as there is no evidence linking it to service.

The Board denied the veteran's request to reopen his claim for service connection for cervical myelopathy with spasticity of the lower extremities, originally claimed as neck and back injuries. The new evidence received since the July 1981 decision was not considered material or new.

The Board has granted service connection for multiple joint pains to include the neck, hands, ankles, heels, right shoulder, and right elbow. Service connection for depression is also granted.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a cervical spine disability. The Board also found that the veteran's left arm disability is not related to his service-connected lumbosacral strain.

The Board has remanded the veteran's claims for service connection due to incomplete development and lack of medical evidence supporting his assertions.

The Board has remanded the case due to a failure to provide a hearing before a Decision Review Officer (DRO). The veteran's Social Security Administration (SSA) records and her request for a DRO hearing must be obtained.

The Board denied the veteran's claims for service connection for a cervical spine condition, lumbar spine condition, and bilateral leg pain as secondary to a lumbar spine condition. The evidence did not raise a reasonable possibility of substantiating these claims.

The VA has determined that the veteran's degenerative changes of the cervical spine do not warrant a rating higher than 30 percent, as it does not meet the criteria for ankylosis or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 4 weeks but not more than 6 weeks during the past 12 months.

The Board denied the veteran's claims for increased ratings for his degenerative joint disease of the cervical and lumbosacral spines, finding that the evidence did not support a higher rating under VA's rating criteria.

The Board has granted a 40 percent rating for the veteran's low back disability, including lumbosacral strain, arthritis, and IVDS, effective from the date of the initial decision in this case.