Neck / cervical spine decisions — 2009

The Veteran's cervical and lumbar spine disabilities are related to injuries sustained during service, and the Board has granted service connection for both conditions.

The Veteran has withdrawn his appeal for increased rating of lumbosacral arthritis and service connection for cervical spine arthritis. The Board is dismissing these claims.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in acquiring an automobile and adaptive equipment or adaptive equipment only.

The Veteran's claims for increased ratings and reopening of a claim were denied. The Board found that the Veteran did not meet the schedular requirements for an increased rating for his cervical spine disability prior to August 16, 2007 or after that date. For his lumbosacral spine disability, he was granted a 10% rating. His claim of service connection for stinging, burning, and ringing of the ears (undiagnosed illness) was denied as new evidence did not warrant reopening the claim. The Veteran's TDIU claim was also denied.

The Veteran's chronic prostatitis is reasonably related to his active service, and the Board grants this claim. The claims for hypertension, left hand degenerative joint disease, and cervical spine degenerative joint disease are also granted.

The Veteran's adjustment disorder with mixed anxiety and depression was not incurred in or aggravated by his active duty service. The Board found that the evidence does not show a nexus between his current psychiatric disability and his period of service.

The Board has remanded the case due to inadequate notice regarding what evidence would be necessary to substantiate the claim for service connection.

The Veteran's claim for a higher rating for his service-connected soft tissue sarcoma left cervical region is being remanded due to the need for additional VA examinations and treatment records.

The Board denied the appellant's claims for increased evaluations of his cervical spine, lumbar spine, and bilateral carpal tunnel syndrome disabilities.

The Veteran's claims for increased ratings for his service-connected cervical spine disability and associated neurological deficit of the left upper extremity have been denied. The VA has determined that the current evaluations do not meet the criteria for higher ratings.

The Board has granted service connection for Degenerative Disc Disease of the Cervical Spine and Left Eye Disability with Defective Vision and Scarring, finding these conditions are related to military service. Service connection was denied for a Back Disability (Low Back Pain).

The Board denied service connection for cervical spine radiculopathy and thoracic spine condition. The Veteran's request to reopen the claim for cervical spine radiculopathy was denied as new evidence did not raise a reasonable possibility of substantiating his claim. Service connection for thoracic spine condition was also denied due to lack of current diagnosis.

The Board denied the Veteran's claims of service connection for bilateral carpal tunnel syndrome, cervical spine disability, and low back disability. The claim for service connection for a cervical spine disability was reopened due to new evidence submitted since the last final denial. However, the Veteran does not have a current diagnosis of carpal tunnel syndrome that is related to his military service.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's bilateral wrist disability and neck disability. The issues of service connection are still pending.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities, as well as his claim to reopen a previously denied knee disorder claim, were all denied by the Board. The evidence did not meet the criteria for an increased rating under the applicable diagnostic codes.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. His claim for a rating in excess of 20 percent for a cervical muscle strain remains pending.

The appellant's claims for increased disability ratings are being remanded to the RO for scheduling a Travel Board hearing.

The Board denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151 in August 1998, finding no competent medical evidence establishing a causal relationship between his July 1984 left ankle surgery and his current neck disability.

The Board has determined that the Veteran's claimed disabilities, including left arm injury, cervical and thoracolumbar spine disability, arthritis, flat feet, and acquired psychiatric disorder, were not incurred or aggravated by active service. The claim for residuals of a left arm injury is addressed in the REMAND portion of this decision.

The VA denied a higher evaluation for cervical spine osteoarthritis prior to July 11, 2006, as the evidence did not meet the criteria for a higher rating.