Neck / cervical spine decisions — 2009

The Veteran's cervical spine disability and headaches do not meet the criteria for evaluations in excess of 10 percent and 30 percent, respectively.

The veteran's appeal for an earlier effective date for service connection for depression was denied as the claim was received no earlier than January 16, 2001.

The Veteran's hypertension, bunion of the right and left great toes, bilateral hearing loss, heart disorder, cervical disorder, lumbar disorder, left shoulder disorder, bilateral elbow disorder, left ankle disorder, bilateral hip disorder, right knee disorder, and hepatitis B were denied.

The Veteran's claims for service connection for non-Hodgkin's lymphoma, chloracne, soft tissue sarcoma, Graves' disease, cervical spine disorder, and PTSD were denied. The ratings for essential hypertension with ocular changes, hypertensive heart disease, peripheral neuropathy of the left and right lower extremities, and TDIU were also denied.

The Board remands the issues for further development, including a new examination to assess the current severity of the Veteran's service-connected disabilities.

The Veteran's claims for a higher rating for his left ankle disability and service connection for cervical spine, lumbosacral spine, and right ankle disabilities were denied as the evidence did not support an increase in severity or a finding of service connection.

The claims for service connection for a cervical spine disability, lumbar spine disability, and headaches were remanded to the RO for further development.

The Board granted service connection for degenerative disc disease of the thoracolumbar spine and scoliosis, but denied service connection for degenerative disc disease of the cervical spine.

The Board found that the Veteran's cervical spine disability is not related to his service, either directly or as secondary to his service-connected shoulder disability.

The Veteran's claims for increased disability evaluations were denied as the evidence did not meet the criteria for a compensable or higher evaluation for his cervical spine spondylosis, thoracolumbar spine spondylosis, right (major) shoulder osteoarthritis, right hip and left hip osteoarthritis, right knee and left knee osteoarthritis, right first metatarsophalangeal joint degenerative arthritic changes, left first metatarsophalangeal joint degenerative arthritic changes, and bilateral pes planus.

The Board denied service connection for right hallux valgus and cervical spine disability, finding no evidence linking these conditions to the veteran's active duty or any service-connected condition.

The Board denied the Veteran's appeal for an increased rating for degenerative changes of the lumbar spine with low back pain and progressive numbness affecting the left lower extremity, as the disability was found to be manifested by disability tantamount to pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy, with little intermittent relief.

The Board found that the Veteran's cervical spine disorder was not related to service or an incident of service origin.

The Board found that the Veteran's cervical spine disability was related to an in-service motor vehicle accident, but his lumbar spine disability was not related to any incident of service.

The Board denied service connection for degenerative arthritis and disc disease of the cervical spine, finding no evidence that these conditions were incurred in or aggravated by military service, nor any competent evidence linking them to a shell fragment wound to the posterior neck.

The Board denied the veteran's claims for higher initial evaluations for his thoracolumbar, right shoulder, and wrist disabilities as well as service connection for knee arthralgia, an eye disability, and gouty arthritis.

The Board denied the claims for service connection for bilateral pes planus with plantar fasciitis, a low back disability, a bilateral knee disability, a neck disability, and headaches as new and material evidence was not received to reopen the claim for pes planus, and there is no competent evidence of current disabilities or etiological links to service.

The appeal is remanded for an examination to determine if the Veteran's cervical spondylosis is caused or aggravated by his service-connected lumbar degenerative disc disease.

The Board denied the Veteran's petition to reopen a service connection claim for degenerative disc disease, cervical spine as new and material evidence was not received.

The appeal is remanded to the RO for further development and readjudication of the claims.