Neck / cervical spine decisions — 2009

The Veteran's claim for service connection for cervical spine strain is being remanded due to the need for additional development, including obtaining VA and private treatment records.

The Veteran's chronic sinusitis has been near constant and characterized by headaches, pain, and purulent discharge or crusting after repeated surgeries. She is therefore entitled to a 50 percent disability rating.

The Board found that the Veteran's service-connected conditions did not cause or contribute to his death, and thus denied DIC benefits. The appellant also sought DIC under 38 U.S.C.A. § 1318 but was denied as well.

The Veteran's appeal for an initial compensable rating prior to October 1, 2008 and in excess of 20 percent since October 1, 2008 for degenerative disc disease of the cervical spine has been dismissed as he withdrew his claim during a hearing.

The Board denied the Veteran's claims for service connection for PTSD, a neck disability, and an initial rating for anxiety disorder in excess of 30%. The Board found that there was no diagnosis of PTSD meeting DSM-IV criteria. For the neck disability, the Board concluded that there was insufficient evidence to establish a nexus between the current condition and service or the service-connected right upper arm disability. For the anxiety disorder, the Board noted that the Veteran's claim for an increased rating did not meet the criteria.

The Board has granted service connection for degenerative disk disease of the cervical spine, but denied service connection for bilateral hearing loss. The veteran's neck disability is considered to be directly related to his military service.

The Board has determined that the Veteran's cervical spine disability is not related to his active service and therefore denied his claim for service connection.

The Board has denied the Veteran's claims for service connection for hepatitis C, back disability, and neck disability due to a lack of competent medical evidence linking these conditions to his military service.

The Veteran's claims for service connection for low back and cervical spine disorders have been denied as there is no current evidence of these conditions.

The Veteran's medical treatment at St. Peters Hospital on August 14, 2003 was not authorized by VA and did not meet the criteria for reimbursement under emergency treatment provisions.

The Veteran's claim for an earlier effective date for the grant of service connection for multi-level cervical spondylosis with cervical strain, secondary to spastic torticollis was denied as there is no evidence of a prior claim or entitlement before December 5, 2005.

The Board found that the Veteran's neck/cervical spine disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's fibromyositis of the trapezius muscle with cervical strain is currently rated at 30 percent since August 2, 2007. The claim for a pinched neck nerve was previously denied and new evidence has not been submitted to reopen it. Service connection for bilateral knee condition and shoulder conditions are granted.

The Veteran's claims for service connection and increased evaluations were denied. The RO found that the evidence did not support a compensable rating for hearing loss.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's degenerative arthritis of the cervical spine was incurred or aggravated in service.

The Veteran's TDIU claim is being remanded for further examination and consideration due to the need to assess her employability based on all of her service-connected disabilities, including non-service-connected conditions and age.

The Board has determined that the Veteran's claimed respiratory condition, cervical spine arthritis, lumbar spine arthritis, and left hip arthritis are not related to his active duty service. The evidence does not establish a nexus between these conditions and his military service.

The Board has denied all service connection claims, finding no evidence of chronic disabilities in service or for many years thereafter. The Veteran's lay statements regarding inservice incidents are not sufficient to establish service connection.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the current evaluations assigned to his service-connected disabilities are appropriate.

The Veteran's cervical spine disability was granted a rating of 10 percent effective June 2002, and increased to 20 percent effective September 5, 2006.,The Veteran's low back disability was initially rated at 10 percent in June 2002. As of September 5, 2006, the rating was increased to 20 percent.,The Veteran's right knee disability was granted a separate 10 percent rating for painful flexion effective June 1, 2002.,The Veteran's left shoulder disability was initially rated at 10 percent in June 2002. As of June 1, 2002, the Veteran received a separate 10 percent rating based on painful flexion.