Neck / cervical spine decisions — 2010

The Veteran's appeal was dismissed as he withdrew his appeals for increased ratings of residuals of a left knee partial medial meniscectomy, left knee DJD, and cervical DJD, C4-5.

The VA denied the Veteran's claims for higher initial ratings for lumbosacral spine DDD and cervical spondylosis, finding that his conditions did not warrant a rating in excess of 10%.

The Board has granted service connection for cervical disc disease and assigned a noncompensable evaluation for myelomalacia at C4-5.

The Board has reopened the Veteran's claim and found that new evidence supports a finding of service connection for his cervical spine disorder, which is related to an in-service injury.

The Veteran's claims for service connection for PTSD and bilateral carpal tunnel syndrome (CTS) have been denied. The Board found that the Veteran did not meet the diagnostic criteria for PTSD, and his CTS was not related to service.

The Board found that the Veteran's current cervical spine disorder is not causally related to service and his assertions of continuous pain since service are not credible.

The Veteran's claims for service connection and increased ratings were denied. The initial noncompensable rating for asthma was granted, but the claim for an increase to a higher rating since March 10, 2005, was denied.

The Board has determined that the Veteran's acquired psychiatric disorder, hypertension, cervical spine disorders, lumbosacral spine disorders, residuals of a left humeral fracture (steel plate in left arm), and severe joint disease are not related to his active service. The claims for these conditions have been denied.

The Veteran's claim for a higher level of SMC based on the need for aid and attendance was denied as she does not meet the threshold requirement of entitlement to SMC at the maximum rate or an intermediate rate.

The Veteran's claim for service connection for residuals of a right leg injury was reopened. His claim for asbestosis was denied. The Board found that his left shoulder disorder, post-acromioplasty, warranted a 30% evaluation.

The Board has denied the Veteran's claims for service connection for a low back disorder and bilateral shoulder disability, finding no evidence of in-service injury or disease related to these conditions. The cervical spine spondylosis is attributed to natural aging process.

The Veteran's claims for service connection for a cervical spine disorder, claimed as a right shoulder disorder, and a left knee disorder are being remanded for further development.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his cervical spine disability and to determine if he has any gastrointestinal disabilities. The issues include seeking an increased rating for his cervical spine condition and determining whether his gastrointestinal symptoms are related to service-connected conditions.

The Board found that a cervical spine disorder was not incurred in active service and is not proximately due to, or the result of service-connected lumbar spine disorder.

The Board found that the Veteran's cervical spine anomaly, fusion of C4 and C5, was not incurred or aggravated by service. The low back disability is also not attributable to service.

The Board has granted service connection for a cervical spine disability, finding that the current condition is at least as likely as not related to an in-service injury. The claim for numbness and pain of the upper extremities remains pending.

The Board denied service connection and increased ratings for cervical spine disability, low back strain, and degenerative disc disease of the lumbar spine. The Veteran's assertions of continuity of symptomatology were not supported by objective evidence.

The Veteran's claims for increased evaluations of his service-connected gout of the right ankle, degenerative arthritis of the cervical spine, and degenerative arthritis of the lumbar spine were denied. The Board found that the current ratings adequately reflected the severity of these conditions.

The Veteran's cervical and lumbar spine disabilities, as well as his residuals of cold injuries to the feet and fingers, are all found to be related to service. PTSD is also found to have been incurred in service.

The Veteran's claim for service connection for a cervical spine disorder was denied in January 2004, and new evidence submitted since then does not raise a reasonable possibility of substantiating the claim.,Prior to May 28, 2008, the Veteran's PTSD was manifested by poor insight, chronic sleep impairment, restricted affect, depressed mood, and mild memory impairment. The criteria for an initial evaluation greater than 30 percent were not met.