Neck / cervical spine decisions — 2009

The Board granted service connection for a cervical spine disorder and increased the disability rating for PTSD to 30 percent. The claim for an earlier effective date for the 10 percent rating for bilateral pes planus was not addressed in this decision.

The Veteran's request for additional training and computer assistance was denied as it is not necessary to improve his independence in daily living given the severity of his service-connected disabilities.

The Veteran's claims for increased evaluations of his cervical spine, lumbosacral spine, and bilateral flat feet disabilities were denied. The claim for PTSD was also denied.

The Board denied the Veteran's claims for service connection for lumbar spine disorder, cervical spine disorder, basilar artery stenosis, GERD, and HCV. The Board found that these conditions were not incurred in or aggravated by his military service.

The Veteran's appeal is being remanded for further evaluation of his cervical spine degenerative disc disease and right (major) fifth metacarpal fracture residuals.

The Board denied service connection for thoracic and lumbar degenerative disc and joint disease, finding no evidence linking it to the Veteran's military service or his service-connected neck strain. The claim for cervical degenerative disc and joint disease was not reopened as new and material evidence was not submitted.

The Board has granted service connection for the Veteran's degenerative disc disease of the cervical spine. The claim for residuals of an injury to the thoracic-lumbar spine is remanded due to incomplete examination.

The Veteran is seeking an earlier effective date for a 30 percent disability evaluation for his service-connected cervical spine disability, and also claims that there was clear and unmistakable error (CUE) in two prior rating decisions. The Board has determined that these issues are intertwined and must be addressed together.

The Board finds that the Veteran's cervical spondylosis had its onset during active service and grants service connection for this condition. The Veteran's other service-connected knee and back disabilities are rated in excess of 10 percent.

The Veteran's claims for service connection for cervical spine disability, hypertension, migraine headaches, and chronic lung disability were denied. His claim for an increased rating for PTSD was also denied.

The Veteran's appeal is denied as there are no legal provisions for retroactive reimbursement of costs incurred by enrolling in a masters program not approved by the IWRP under the provisions of Chapter 31.

The Veteran's appeal for service connection for joint and/or muscle pain other than of the spine, hips, knees and feet has been denied. The claims for fatigue, memory loss, joint and/or muscle pain of the back, hips, knees and feet, and leg cramps (undiagnosed illness) have been dismissed as no justiciable case or controversy remains.

The Board has denied the Veteran's claims for service connection for fatigue, cervical spine condition, and lumbar spine condition. The evidence does not support a finding of an undiagnosed illness or direct service connection.

The Board has granted the Veteran's claims of service connection for cervical, thoracic, and lumbar spine disabilities.

The Board has determined that the Veteran's claimed cervical spine and lumbar spine disabilities did not manifest within one year of service, and there is no evidence linking these conditions to his military service. The claim for service connection is denied.

The Veteran's service-connected lumbar spine DDD is currently rated as 10 percent disabling prior to November 28, 2005 and 20 percent disabling on or after that date.,The Veteran's service-connected cervical spine DDD is currently rated as 20 percent disabling.

The Veteran's claims for service connection for scar tissue in the cervical spine, lumbar spine, and right hip arthritis have been denied. The case is remanded to obtain additional medical records and to schedule the Veteran for a VA examination.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there was no evidence of such a condition in service or for many years thereafter and that any current condition is not related to military service.

The Veteran's appeals for increased ratings on several service-connected disabilities have been withdrawn. The Board does not have jurisdiction to decide these claims.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of a cervical spine disability. The evidence supports a finding that the Veteran incurred such disability during his military service, including from combat injuries sustained in 1969.