Neck / cervical spine decisions — 2010

The Board found that the Veteran's cervical spine issues are not related to his military service and denied his claim for service connection.

The Veteran's Dupuytren's contracture of the right hand was found to be incurred in service and granted service connection.

The Veteran's cervical spondylosis and degenerative disc disease have been granted a separate initial evaluation of 10 percent from March 1, 2005 to March 5, 2010. From March 6, 2010, the Veteran is entitled to an initial evaluation in excess of 10 percent for cervical spondylosis and degenerative disc disease. The lumbar spondylosis with degenerative disc disease narrowing L5-S1 has been granted separate initial evaluations from March 1, 2005 to March 5, 2010 (10 percent) and from March 6, 2010 (20 percent).

The Veteran's claims for service connection for cold injury residuals of the feet and a neck disorder were denied as there is no competent medical evidence of current disabilities, and the preponderance of the evidence does not support a finding that any current disorders are related to service.

The Board found that the Veteran's cervical spine tumor and resulting disability were not incurred during service or related to events in service, including exposure to ionizing radiation. The preponderance of evidence is against a finding that the post-operative residuals are related to service.

The Board denied the Veteran's claims for increased disability ratings for his thoracic and cervical spine strains, allergic rhinitis, urinary outlet obstruction with prostatitis history, right ankle strain, left ankle strain, and chronic allergic pruritis and dermatographism. The evidence did not support evaluations in excess of 20 percent for these conditions.

The Board has denied the appellant's claims for specially adapted housing and financial assistance in acquiring an automobile or adaptive equipment due to a lack of evidence showing loss of use of lower extremities, blindness in both eyes, or anatomical loss of use of hands.

The Board found that the submitted evidence was not new and material, and thus did not meet the requirements to reopen the claim for service connection of a cervical spine disorder.

The Board found that the Veteran's current low back and neck disorders are not attributable to his military service, specifically the injury in June 1994. The most probative evidence indicates no such cause-and-effect correlation.

The Veteran's cervical spine disability is rated at 20 percent, the maximum available under Diagnostic Code 5014-5241. His GERD has been rated as non-compensable prior to March 23, 2009 and 10 percent thereafter.

The Board has remanded the case for additional development, including a review by a VA examiner to determine if the Veteran's current knee and cervical spine disabilities were caused by repeated parachute jumps in service.

The Board dismissed the appeal due to the Veteran's death, as they have no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the Veteran's current cervical spine disorder is related to an injury sustained during Active Duty for Training (ACDUTRA) in February 2006, and service connection is granted.

The Board denied the Veteran's claims for an increased rating for cervical spine disability and for waiver of recovery of overpayment of VA pension benefits, finding that the overpayment was validly created but not warranting a waiver due to lack of undue hardship.

The Board has remanded the case for additional development due to the appellant's testimony regarding the severity of his service-connected cervical spine and bilateral knee disabilities, as well as a claim for an initial compensable rating for hypertension.

The Veteran's appeal was denied as his claims for service connection and increased ratings were not substantiated by the provided evidence.

The Veteran's claims for increased evaluation of cervical spine disability and reopening of service connection claim for epididymitis with residuals of erectile dysfunction are being remanded due to the need for additional development.

The Veteran's right foot disability was not present during service and is denied. The Board also found no current cervical spine or bilateral shoulder disabilities, thus denying the claims for these conditions.

The Veteran's case is being remanded due to his failure to appear for a scheduled Board hearing. The RO will contact the Veteran and give him the option of attending a Board hearing at either the St. Petersburg RO or an alternative location.

The Board found that the Veteran's right hernia was not incurred or aggravated in service and denied his claim for service connection.