Neck / cervical spine decisions — 2009

The Board found that there was no evidence linking the Veteran's current cervical spine condition to his period of honorable service, and thus denied the claim for service connection.

The Board has denied service connection for a neck disability and headaches. The Veteran's claim of secondary service connection for headaches is also denied.

The Veteran withdrew his appeal for ratings in excess of 40 percent for thoracolumbar degenerative joint disease (DJD) and 30 percent for cervical spine DJD at the October 2009 hearing, resulting in the dismissal of these matters.

The Board has determined that an effective date earlier than June 19, 2004 is warranted for the grant of service connection for cervical strain with degenerative disc disease at C5-6. The Veteran's claim was filed on June 23, 2003 and later expanded to include a neck injury.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status was denied as he does not meet the criteria for either benefit.

The Board found that the veteran's cervical spine disability, including arthritis, was not related to service and denied his claim.

The Veteran's claims for increased evaluation of low back strain, service connection for neck disability and headaches were denied. The claim to reopen the hydrocephalus issue was also denied.

The Veteran's claim for special monthly pension based on the need for aid and attendance of another person or by reason of being housebound is remanded due to unclear information about his current level of disability and outstanding VA treatment records.

The Veteran's cervical spine disability with radiculopathy of the upper extremities is not service-connected. The low back disability was evaluated at various levels, but the reduction in evaluation from 40% to 10% effective June 1, 2008, was upheld.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his cervical spine disability and any related neurological manifestations.

The Veteran's appeal is being remanded due to procedural defects, and he has been requested for a hearing before the Board.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and providing a comprehensive examination.

The Board has determined that the Veteran does not have current diagnoses of a neck disability or a left shoulder disability. The right shoulder arthritis is currently diagnosed, but it is not service-connected as there is no evidence linking the current condition to service.

The Veteran's cervical spine disorder and acquired psychiatric disorders were not incurred in or aggravated by service.

The Veteran's service-connected disabilities, including osteoarthritis of the thoracolumbar spine, cervical spine, left arm radiculopathy, and fracture of the left fibula, have resulted in a combined rating of 70 percent. The Board finds that these conditions preclude the Veteran from securing or following substantially gainful employment beginning on September 8, 2008.

The Board has determined that the Veteran's claimed thoracolumbar spine disorder, cervical spine disorder, and digestive system disorder are not related to service. The claims for these conditions have been denied.

The Veteran's claims for service connection for right wrist, cervical spine, left hip, and lumbar spine disabilities are denied. The issues of service connection for headaches (secondary to a cervical spine disability) and temporomandibular joint disorder remain pending.

The Board found that the Veteran's hemorrhoids do not meet criteria for a compensable rating, and her cervical spine degenerative disc disease with residual headaches does not warrant an evaluation in excess of 10 percent.

The Veteran's appeal for TDIU was withdrawn. The claims for increased ratings for left knee disabilities and service connection for various nerve disorders were dismissed due to lack of evidence or legal merit.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling a VA examination.