Neck / cervical spine decisions — 2010

The Veteran's tension headaches, bilateral pes planus (rated at 30% since May 7, 2008), sinus condition, hemorrhoids, and cervical spine disability have been granted service connection. The Veteran is currently rated at 10% for his cervical spine disability.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred or aggravated in service, nor may they be presumed to have been incurred due to his military service. The VA examiner attributed these conditions to natural progression of age rather than service connection.

The Board has determined that the Veteran does not have a cervical spine disability, low back disability, or an acquired psychiatric disability due to disease or injury incurred in service. The evidence is insufficient to establish service connection for any of these conditions.

The Veteran's claims for increased ratings for cervical syringomyelia and special monthly compensation based on housebound status were denied. The Board found that the evidence did not meet the criteria for higher disability evaluations.

The Veteran's service-connected neck disability is currently rated at 30 percent, effective September 9, 2009. The Board found that the evidence supported a higher rating for this condition.

The Board has granted service connection for postoperative residuals of cervical laminectomies as secondary to the Veteran's service-connected gastrointestinal disorder. The claim for an increased rating for his gastrointestinal disorder is remanded.

The Veteran seeks compensation benefits under 38 U.S.C.A. § 1151 for additional disability as a result of cervical spine surgery at a VA medical facility in April 2001. The RO has not yet provided the Veteran with an examination to determine if his current conditions are related to this surgery, and thus the case is being remanded.

The Board has remanded the claims due to insufficient evidence and further development is needed.

The Veteran's service connection claims for bilateral hand disability, bilateral hearing loss, bilateral knee disability, back disability, neck disability, and residuals of right ankle sprain have been denied as there is no evidence of a current disability or a link to service.

The Board has determined that the Veteran's cervical and thoracolumbar spine disabilities are not related to service, including as a result of motor vehicle accidents or other events or injuries therein. Therefore, service connection for these conditions is denied.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, as well as his claims to reopen his schizophrenia and chest pains claims. The claim for service connection for pemphigus vulgaris of the mouth and throat was also denied.

The Veteran's claim for service connection is being remanded due to the need for additional development, including scheduling a VA examination.

The Veteran's claimed neck injuries and degenerative disc disease of the cervical spine are not service-connected as they are not related to his military service.

The Board has remanded the case for additional development to include a VA examination.

The Board has remanded the case due to the need for additional development, including obtaining SSA disability benefits records.

The Veteran's cervical spine disability was granted a 20 percent rating effective March 13, 2007. The ratings for left and right knee chondromalacia remain at 10 percent.

The Veteran meets the schedular criteria for a total disability rating for compensation on the basis of individual unemployability (TDIU) due to his service-connected disabilities. However, there is uncertainty about whether he is unable to secure or follow a substantially gainful occupation solely because of his service-connected conditions.

The Veteran is seeking service connection for a cervical strain that he claims is related to his service-connected lumbar strain. The Board has determined that the claim should be remanded for further development, including obtaining VA examination and medical opinion regarding the relationship between the Veteran's service-connected lumbar strain and any current cervical condition.

The Veteran's appeal was dismissed due to his death. His claims for various disabilities and compensation under 38 U.S.C.A. § 1151 are not before the Board.

The Veteran's PTSD is currently rated at 50 percent and the effective date for this rating is April 30, 2002. The Veteran's left ulnar nerve injury of the wrist is service connected as secondary to his service-connected shell fragment wound of the left hand. Service connection for a cervical spine/neck disability is not granted due to lack of evidence linking it to service or service-connected conditions.