Neck / cervical spine decisions — 2010

The Board has denied the Veteran's claims for service connection for a right knee disorder and a cervical spine disorder. The denial is based on the lack of current diagnoses, continuity of symptomatology, and insufficient evidence linking the disorders to service or service-connected conditions.

The Board has determined that the Veteran's service-connected disorders, including bilateral pes planus and a lower back disorder, are at least as likely as not related to his currently diagnosed bilateral dorsal lateral midfoot varicosities, cervical spine degenerative disc disease at C5-C7, left hip degenerative joint disease, bilateral knee degenerative joint disease, and sacroiliac syndrome. As such, the criteria for service connection have been met.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the Veteran's cervical spine strain and retropatellar pain syndrome of the right knee.

The Veteran's claim for service connection for a deviated nasal septum is granted. Initial compensable evaluations are granted for DJD of the right hip, DJD of the left hip, degenerative arthritis of the cervical spine, and degenerative arthritis of the thoracolumbar spine. Service connection for tinea corporis is also granted.

The Veteran's appeal is dismissed as he withdrew his appeal of the claim for Parkinson's disease. The claims for lumbosacral strain and cervical torticollis are remanded due to the need for content-compliant VCAA notice, Social Security Administration records, and further development.

The Veteran's service-connected disabilities do not prevent him from securing and retaining some type of substantially gainful employment.

The Veteran's initial claim for a compensable rating prior to July 23, 2009, and a rating in excess of 10 percent since then for cervical spine DDD was granted. The current rating is 10 percent.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed disabilities, including whether they are related to service.

The Veteran's cervical strain with degenerative disc disease is currently rated at 10 percent, and radiculopathy of the left upper extremity as of October 13, 2009, also warrants a 10 percent rating.

The Veteran's appeal is being remanded for additional development to determine the etiology of his cervical spine disability and a disability manifested by locking up of the left ring and little fingers.

The Board denied the Veteran's claims for service connection for overactive thyroid, left eye condition, and neck disability as secondary to his service-connected PTSD. The claim for an initial rating higher than 30 percent for PTSD was also denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining private medical records and a comprehensive VA examination.

The Veteran's claim for service connection for cervical arthritis with spinal stenosis was granted, and he is now receiving a 10% evaluation. The effective date of this award has not been established as the issue remains pending.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or automobile and adaptive equipment eligibility.

The Veteran's cervical spine disorder is being remanded for additional development, including obtaining VA and private medical records, identifying non-VA providers who treated him, and providing a more specific VA examination to address the service connection claim.

The Veteran's appeal regarding an effective date prior to July 31, 1995 for the grant of service connection for major depressive disorder has been dismissed. The issues concerning service connection for a cervical spine disorder and a low back disorder have also been remanded.

The Board has determined that the Veteran's service-connected disabilities result in a need for regular aid and attendance, which is sufficient to grant special monthly compensation based on this condition.

The Veteran's claim for VA medical treatment without payment is being remanded due to the need to adjudicate her service connection claims and other pending claims related to her disabilities.

The Veteran's appeal is being remanded for additional development of the evidence, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his claimed cervical and lumbar spine disabilities, as well as the current severity of his service-connected posttraumatic stress disorder.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records.