Neck / cervical spine decisions — 2009

The Board has denied the Veteran's claims for service connection for a heart disorder and cervical spine disorder, finding no evidence of such disorders in service or due to service-connected conditions.

The Board found no evidence of any service-connected disabilities for the Veteran's claimed back, chest, neck, and headache conditions. The claims were denied as there was insufficient medical evidence to support a finding that these conditions were related to service.

The Veteran's service-connected bilateral patellofemoral syndrome with osteoarthritis and cervical spondylosis are rated at the maximum allowed under VA regulations. The Veteran's plantar fasciitis does not warrant a compensable rating.

The Board has determined that the Veteran's claimed conditions are not related to his active military service and have denied all of his claims.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.

The Board has decided to remand the Veteran's claims for additional development due to missing correspondence and incomplete medical records. The Veteran will be scheduled for VA examinations to determine if his current cervical spine, lumbar spine, and flat feet disabilities are related to service.

The Veteran's current cervical spine disability is not shown to have been present in service or for many years thereafter, nor is it the result of any incident or incidents of his period of active military service. Therefore, service connection for this condition is denied.

The Board has determined that additional VA treatment records and the Veteran's complete personnel file are needed to properly adjudicate his service connection claims for bilateral flat feet, bilateral hearing loss, tinnitus, residuals of a cervical spine injury, peripheral neuropathy of the bilateral hands, and posttraumatic stress disorder (PTSD).

The Veteran's claims for service connection for a left hand disability and a neck disability are being remanded due to the need for additional development, including obtaining medical records and providing an examination.

The Board has determined that additional development is needed to determine the Veteran's service connection claims, including verification of his duty status during the alleged in-service injuries and obtaining VA treatment records.

The Veteran's residuals of head trauma with headaches, right shoulder disability, and cervical spine disability are currently rated at 30%, 20%, and 20% respectively. The appeals for higher ratings have been granted.

The Board has determined that the Veteran's claimed left ankle disability, cervical spine disability, lumbar spine disability, and psychiatric disorder were not incurred or aggravated by active service. The evidence does not support a finding of continuity of symptomatology since service.

The Board denied the claims for increased ratings for cervical and lumbar spine disabilities, as well as initial ratings in excess of 10 percent for migraine headaches and major depressive disorder. The appeal was not about service connection.

The Veteran's service-connected disabilities do not render him bedridden or incapable of attending to personal self-care functions, and thus he is not entitled to special monthly compensation at the aid and attendance rate or at the housebound rate.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for higher initial ratings under the applicable VA rating schedule.

The Veteran's claims for service connection for an acquired psychiatric disorder, pelvic inflammatory disease, cervical dysplasia, and trochanteric bursitis were denied. The Board found that the evidence did not establish a link between these conditions and her military service.

The Veteran's claims for higher ratings for degenerative disc disease of the lumbar and cervical spine were denied, as well as his claim for a disability rating higher than 10 percent for left lower extremity radiculopathy.

The Board has determined that the Veteran's cervical spine surgery did not result in any of the criteria for a temporary total rating beyond November 30, 2006. Therefore, her appeal is denied.

The Board has granted a 30 percent rating for the Veteran's cervicogenic headaches, which are considered a separately ratable neurological manifestation of her service-connected cervical spine disability.

The Veteran's muscle and joint pain, diagnosed as Brown-Squard syndrome, is service-connected. His cervical spine tumor was also granted service connection based on new evidence submitted after the initial denial.