Neck / cervical spine decisions — 2008

The veteran's claims for service connection are being remanded due to the need for verification of her National Guard service periods.

The Board has determined that the veteran's cervical spine condition is not related to his military service and therefore denied this claim. The lumbar spine condition, however, remains unresolved as it was not adjudicated by the RO.

The VA determined that the appellant does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound due to her medical conditions.

The veteran's cervical spine disability and right cervical radiculopathy have been granted service connection, but the RO has assigned an initial evaluation of 20 percent for each condition effective December 7, 2004.

The VA has granted an initial disability rating of 20 percent for the service-connected cervical spine disability, effective from May 31, 2006. The veteran's condition is currently rated as 20 percent disabling.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's pre-existing neck, back, and skull fracture disabilities were not aggravated by service.,There is no evidence of a current stomach disability.

The Board has granted service connection for chronic fatigue syndrome, bilateral side pains, arthritis due to fever of unknown origin, and cervical and lumbar spine conditions. The veteran's symptoms are presumed to be related to his active service in the Persian Gulf War.

The Board has remanded the case for further development, including obtaining medical records and scheduling an orthopedic examination to assess the veteran's lumbar spine disability. The appeal is now pending before the AOJ.

The Board has determined that the veteran does not have a disability manifested by high cholesterol and therefore, her claim for service connection is denied.

The Board found no evidence of current neck or low back disabilities related to service. The veteran's complaints were not documented in service records and there is insufficient medical evidence linking her current conditions to her military service.

The Board is remanding the case to the RO for further development, including notifying the veteran of what evidence would be necessary to substantiate his claims.

The Board has determined that the veteran's current headaches are aggravated by his service-connected PTSD, and he is entitled to a higher rating for his PTSD. The cervical spine disorder was not incurred or aggravated during service nor may it be presumed to have been incurred as a result of service.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining employment history and Social Security Administration records.

The Board found that there is no competent evidence of current disabilities for the claimed conditions, and thus denied service connection for cervical spine disability, elbow disability, bilateral knee disability, bilateral hand disability, and bilateral plantar fasciitis.

The Board found that the veteran's claimed conditions did not have onset during service and are not related to his military service, including exposure to herbicides. As such, service connection for these conditions is denied.

The Board found that the veteran's additional cervical spine disability was not caused by VA treatment, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for service connection and increased rating for various conditions, including hepatitis C, cervical spine fusion with residuals, lumbar spine injury with residuals, gunshot wounds to both knees, and left foot disability. The decision also addressed issues related to these conditions.

The veteran's appeal is being remanded for additional development, including obtaining medical records and a new examination to assess the severity of her service-connected disabilities.

The Board has granted the veteran's service connection for a right foot disability. The remaining issues of service connection for bilateral knee, shoulder, and cervical spine disabilities, as well as an initial compensable rating for service-connected bilateral hearing loss, are remanded.