Neck / cervical spine decisions — 2009

The VA examiner determined that the Veteran's current cervical spine disability is not related to his service, and thus denied service connection for this condition.

The Veteran's residuals of hypopharyngeal cancer with cervical metastasis are due to nicotine dependence incurred during service, and the Board finds that accrued benefits are warranted.

The Board has granted an increased rating of 20 percent for the Veteran's cervical spine disability, effective from April 2005. The right fifth metacarpal disability is rated as non-compensable.

The Board has determined that additional development is needed to determine if the Veteran's current cervical spine disorder was incurred or aggravated in service, and to obtain any necessary medical records.

The Veteran's July 2006 substantive appeal of the August 2004 rating decision was not timely filed, and thus the appeal is denied.

The Board denied the Veteran's claims for service connection for asthma, cervical spine disorder, lumbar spine disorder, cardiovascular disorder, and obstructive sleep apnea. The evidence clearly showed that his pre-existing asthma existed prior to service and was not aggravated by active duty service. His cervical spine, lumbar spine, cardiovascular, and sleep disorders were not shown to have been incurred or aggravated during service.

The Veteran's initial ratings for degenerative disc disease of the cervical spine and neurologic manifestations of cervical radiculitis in the right upper extremity have been increased to 30 percent and 20 percent, respectively, effective April 16, 2001.

The Board has granted service connection for ankylosing spondylitis of the cervical spine and PTSD, finding that new evidence supports reopening these claims. The Veteran's ankylosing spondylitis is presumed to have been triggered by genetic factors, while his PTSD is linked to stressors during active service.

The Board has remanded the case for additional development due to missing evidence and a request for a statement from Dr. D.

The Veteran's appeal is being remanded due to the need for a video conference hearing.

The Board has determined that the Veteran's cervical spine disability is related to an injury sustained during service and grants service connection for this condition. The Veteran's dental disability, while noted at entry into active duty, was not found to be incurred or aggravated by service due to lack of evidence showing additional pathology developed after 180 days of active service.

The Board has determined that a VA examination is necessary to determine the etiology of the Veteran's claimed arthritis of the cervical spine and both arms, including as secondary to his service-connected lumbosacral disc disease. The case will be remanded for further development.

The Board has determined that there is no competent medical evidence establishing current disabilities of the low back and neck, nor any disability manifested by headaches, nausea, stomach condition, dental problems and hair loss due to exposure to radiation. Therefore, service connection for these conditions cannot be established.

The Board has determined that the Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, warranting entitlement to special monthly compensation based on such need.

The Board has determined that the Veteran does not have a current neck, shoulder, back, or left elbow disability as a result of service and therefore denied all claims for service connection.

The Veteran's service-connected disabilities have rendered him unable to engage in substantially gainful employment, consistent with his education and occupational experience.

The Board has determined that the Veteran's cervical arthritis does not warrant a rating in excess of 20 percent prior to June 24, 2007 and does not meet the criteria for a rating in excess of 30 percent as of June 24, 2007. The Veteran's hypertension has also been evaluated at 10 percent since August 25, 2003.

The Board found that the Veteran's degenerative disc disease of the cervical spine warranted a rating in excess of 20 percent, but denied his claim for an initial compensable rating for service-connected right upper extremity radiculopathy.

The Veteran's service-connected psychiatric disability is currently rated at 50 percent, and his cervical spine disability is rated at 20 percent. The Board found that the evidence does not support a higher rating for either condition.

The Board has determined that the Veteran's claimed spinal stenosis of the lumbar and cervical spine, as well as his peripheral neuropathy of the left and right lower extremities, are not service-connected.