Neck / cervical spine decisions — 2008

The Board has determined that the submitted evidence does not meet the criteria for reopening the veteran's previously denied claims of service connection for a low back disability, right carpal tunnel syndrome, and hypercholesterolemia. The cervical spine disability is also not established as service-connected.

The veteran's appeal of her left knee disability claim has been dismissed as she withdrew the claim during the hearing. The cervical spine disability claim is being remanded for additional development.

The Board has determined that the veteran's claimed conditions, including tinnitus, bilateral arm disorder, bilateral knee disorder, and cervical spine/neck disorder, are not related to his service or any service-connected disabilities. As such, these claims for service connection have been denied.

The Board has determined that the veteran does not have hypertension, diabetic retinopathy, a cervical spine disorder, or intervertebral disc syndrome as a result of service or a service-connected condition. Therefore, these claims for service connection are denied.

The Board has determined that the veteran's claims for service connection for various conditions, including spinal injury with cervical spur and lumbar arthritis, cervical spine radiculopathy, viral syndrome, hyperlipidemia, bilateral leg cramps, weight gain from reduced physical mobility, concussion, dizziness, seizures and cerebral vascular accident, throat disability (trouble swallowing), disability of the abdomen and viscera, and bilateral foot disability were denied due to lack of evidence supporting these claims.

The Board has determined that the veteran does not currently have a left shoulder disability or a low back disability. The issue of cervical strain (neck) is pending and remanded for additional development.,Service connection was denied for both the claimed left shoulder disability and low back disability.

The Board denied the veteran's claims for service connection for Staph aureus infection residuals and Degenerative disc disease of the lumbar and cervical spine, finding no evidence of a current disability related to his in-service Staph aureus infection.

The Board has remanded the case for further development, including obtaining a medical opinion on whether all service-connected disabilities combine to render the veteran unemployable. The claim will also be submitted to the Director of Compensation and Pension Service for extraschedular consideration based on a private physician's December 2007 opinion.

The Board has determined that the veteran's claimed conditions, including arthritis of the left hand, chronic headaches, emphysema secondary to pneumonia, right and left knee disorders, right and left foot disorders, degenerative joint disease of the cervical spine, and fibromyalgia, were not incurred or aggravated by active service.

The Board denied service connection for left ulnar release and carpal tunnel syndrome as secondary to the service-connected left wrist disability. Service connection for hepatitis C, allergies, and bronchitis was also denied.

The Board has ordered a remand due to the need for clarification of service dates and additional medical records, as well as a VA examination to determine the etiology of the veteran's current neck and/or back disability.

The veteran's claims for an earlier effective date for a 50% disability rating for PTSD and TDIU benefits were denied as there was no evidence of an increase in severity within the year prior to April 8, 2002.,VA received the veteran's claims on April 8, 2002. The RO assigned an effective date of April 8, 2002 for the award of a 50% disability rating for PTSD and TDIU benefits.

The VA has determined that the veteran does not have any currently diagnosed conditions related to his service, including residuals of right and left palmar bruises, contact dermatitis, or cervical strain. Therefore, these claims for service connection are denied.

The veteran's cervical spine disability, characterized by degenerative disc disease, is currently rated at 30 percent. The Board found that the evidence did not warrant a higher rating under either the old or new criteria for evaluating intervertebral disc syndrome or other disabilities of the cervical spine.

The Board has determined that the veteran's bilateral hearing loss, tinnitus, lumbar spine disability, and cervical spine disability are all related to his military service.

The Board has determined that the veteran's cervical spine and bilateral shoulder disabilities are not service-connected, as they were not caused or aggravated by his service-connected low back disability.

The Board denied the veteran's claims for increased disability ratings for his left shoulder, cervical spine, and left upper extremity radiculopathy disabilities. The veteran was not granted service connection for depression.

The Board has determined that the veteran's claims for service connection for arthritis of the cervical spine, colon cancer, and enlarged prostate are not granted. The case is being remanded to obtain additional medical records and to ensure proper development and consideration of the issues.

The Board has granted service connection for left shoulder arthritis and cervical spine arthritis and degenerative disc disease, finding that the veteran's current conditions are related to his in-service fall in May 1969.

The VA denied the veteran's claims for increased ratings for his cervical and lumbar spine disabilities, finding that they do not meet the criteria for a higher rating under the applicable diagnostic codes.