Neck / cervical spine decisions — 2008

The Board denied the veteran's claims for service connection for a psychiatric disorder and residuals of a chronic lumbar strain, as well as his claim for an increased rating for coccygodynia. The case is being remanded to obtain additional evidence and provide further development.

The Board denied the veteran's claims of service connection for degenerative joint disease of the cervical spine and entitlement to an initial compensable rating for residuals of a perforation of the right tympanic membrane, finding no evidence linking these conditions to his military service.

The veteran's duodenal ulcer, confirmed by x-ray examination, first manifested in service and is presumed to have been incurred during active military service within the first year following active service. Service connection for this condition is granted.

The veteran's claims for service connection for degenerative joint disease of the cervical spine and right shoulder disability were denied as these conditions are not related to his military service.,For the period prior to March 14, 2008, the veteran was granted a 10 percent evaluation for ulnar entrapment with decreased sensation in the fingers. From that date onwards, he is rated at 30 percent.

The Board found no evidence of current lumbar or cervical spine disorders that were incurred in service. The veteran's complaints are attributed to weightlifting and automobile accidents, but not to his military service.

The Board denied service connection for shoulder and leg disabilities, but granted service connection for bilateral knee disabilities. The issue of increased rating for the cervical spine disorder is remanded.

The Board found that the veteran's current spinal and joint conditions are not related to his service, including a motorcycle accident in service. Service connection was denied for all claimed disabilities.

The Board has granted a 30 percent evaluation for migraine headaches, effective from the date of the September 2004 rating decision. The cervical spine claim is being remanded.

The Board has found new and material evidence to reopen the veteran's claims for service connection for cervical and lumbar spine disabilities. The veteran provided credible testimony establishing he had injuries in service, which have resulted in current disability.

The Board found that the veteran's low back and cervical spine disabilities were not caused or aggravated by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing hospital care, medical or surgical treatment, nor was such the result of an event not reasonably foreseeable. Therefore, the claims for compensation under 38 U.S.C. § 1151 were denied.

The Board finds that the offset from VA disability compensation for payments under OWCP was proper because the veteran received OWCP benefits for his service-connected cervical and lumbar spine disabilities.

The Board denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, cervical strain (claimed as neck condition), and left varicocele.

The veteran's cervical spine strain is related to an in-service accident. The veteran does not have a left foot disability or right foot disability manifested by numbness and tingling related to service.

The Board has determined that further action is needed to address the veteran's claims for service connection due to incomplete records and need for medical examination.

The veteran's appeal has been dismissed as the appellant or his representative has withdrawn it.

The Board has determined that the veteran's cervical spine condition is related to his active military service and grants the claim for service connection.

The veteran's service-connected tinnitus and cervical strain are currently rated at the maximum allowed under VA regulations, so no higher rating can be granted.

The veteran's appeal is remanded to the VAMC for issuance of a SOC regarding enrollment in a higher Priority Group for VA medical care benefits. The veteran and his representative are reminded that they must file a substantive appeal within 60 days of the issuance of the SOC.

The veteran's claim for a rating in excess of 20 percent for cervical spine disability was granted. Service connection for post-traumatic stress disorder was granted, but service connection for a lung disorder was denied as the evidence did not show a chronic lung disorder during service.

The Board has decided to remand the veteran's claims for bilateral hand arthritis and cervical spine arthritis due to incomplete medical records. The VA will obtain relevant treatment records from private physicians and Social Security Administration, and schedule a VA examination.