Neck / cervical spine decisions — 2009

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 is granted, and his claims for service connection are decided in favor of the Veteran.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and clarifying his receipt of Social Security Administration (SSA) disability benefits.

The Veteran's cervical spine disability was not diagnosed and therefore, service connection cannot be granted.

The Board has denied the Veteran's claims for service connection and increased ratings, as well as his claim for a compensable evaluation for hearing loss in the left ear. The issues of entitlement to an increased rating for cervical disc disease with headaches have been remanded.

The Board has determined that there is no evidence of a relationship between the Veteran's period of military service and his current bilateral lower extremity edema, arthritis of both knees and hips, post-operative degenerative joint and disc disease of the lumbar spine, post-operative cervical spine disorder, right arm disorder, or residuals of a head injury. The claims are therefore denied.

The VA denied the Veteran's claim for service connection for degenerative disc disease of the cervical spine, finding that there was no evidence linking his current condition to his military service.

The Board found that the Veteran's current cervical spine disorder is not related to his military service and denied his claim for service connection.

The Veteran's claims for service connection for back, neck, and respiratory disabilities are being remanded due to the need for additional examinations and development of records.

The Veteran's claims for service connection for cervical spine and right shoulder disabilities are being remanded due to the need for further development, including an EMG of the right upper extremity.

The Board has remanded the case due to incomplete records and needs to obtain service treatment records, emergency room records, and any other relevant medical records. The Veteran's claims for PTSD, cervical spine disability, right ankle strain, left wrist cyst, and bronchial asthma will be reconsidered based on all available evidence.

The Veteran's death was not service-connected, and the appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318 or accrued benefits.

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, vision, or ankylosis of knees or hips. Therefore, the criteria for VA financial assistance are not met.

The Board has determined that the Veteran's service-connected degenerative disc disease, cervical spine warrants a rating of 30 percent, effective March 1, 2005. The separate evaluation for left upper extremity neurologic manifestations is granted.

The Veteran's claims for service connection for a cervical spine disability, traumatic brain injury, headaches, and tinnitus are denied as there is no credible evidence of these conditions during or within one year after service.

The Board denied the Veteran's claims of entitlement to service connection for residuals of a head injury, neck disability (neck pain), vision loss, and slow speech. The claims were found not to be incurred in or aggravated by service.

The Board has granted service connection for a cervical spine disability and a thoracic spine disability, finding that these conditions are more likely than not related to the Veteran's military service.

The Board denied the Veteran's claims for service connection for degenerative joint disease of the bilateral shoulders and cervical spine, finding no evidence linking these conditions to his military service.

The Veteran's claims for increased ratings for his degenerative disc disease of the lumbar and cervical spines have been denied. The Board found that the current evaluations adequately reflect the severity of the disabilities.

The Veteran's claim for an extraschedular rating for his hangman's fracture of the second cervical vertebra with degenerative changes is being remanded to allow consideration under the provisions of 38 C.F.R. § 3.321(b)(1).

The Veteran's degenerative arthritis of the lumbar and cervical spine was not incurred in or aggravated by active service, nor is it proximately due to or chronically worsened by his service-connected residuals of a right foot fracture.