Neck / cervical spine decisions — 2010

The Board finds that the Veteran's current lumbar and cervical spine conditions are likely due to strain-type injuries sustained during service, and grants service connection for these disabilities.

The Board found that the Veteran does not have a current cervical spine disorder that was incurred in or aggravated by active service, and denied the claim.

The Board denied the Veteran's claims for service connection for a cervical spine disability and a compensable rating for costochondritis, finding that new and material evidence was not received to reopen the claim of service connection. The Veteran's current cervical spine disability is related to his private treatment records from January 1992 to April 1998, which show diagnoses and treatment for such disability.

The Board has determined that the Veteran's chronic cervicalgia secondary to mild intevertebral disc disease with possible evidence of mild ligamentous laxity at C5-C6 is related to his active military service and grants service connection for this condition.

The Veteran's cervical spine disability is rated at 30 percent effective October 24, 2008.,The Veteran's thoracolumbar spine disability is rated at 40 percent effective October 24, 2008.

The Board has remanded the Veteran's claims for service connection due to insufficient review of his medical records and incomplete opinions regarding the etiology of his cervical spine, lumbar spine, and psychiatric disorders.

The Veteran's hypertension claim has been reopened, but the Board is remanding her cervical spine and lumbar spine disability ratings as well as her headache disability rating for additional development. The case will be further reviewed after these issues are addressed.

The Veteran's claims for increased ratings and service connection were denied. The denial of the Hepatitis C claim was final, as no new and material evidence had been presented since its previous denial in September 2006.

The Veteran withdrew his appeal for service connection of degenerative joint disease of the cervical spine.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for further development.

The Board has reopened the claim of service connection for degenerative joint disease of the cervical spine and granted it. The Veteran's initial disability rating for migraine headaches was increased to 10 percent.

The Board found no evidence of a chronic neck disability during service and concluded that the Veteran's current cervical spine disabilities, including degenerative disc disease and myofascial pain, are not related to his military service.

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

The Veteran's appeal has been withdrawn with respect to the issues of service connection for COPD, right knee chondromalacia, and left knee post traumatic degenerative joint disease. The case is being remanded for additional development regarding cervical spine service connection.

The Board denied service connection for tinnitus, bilateral hearing loss, hemorrhoids (claimed as anal fissures), neck disability, lumbar spine disability, right and left knee disabilities, and right and left ankle disabilities. The Veteran's claims were remanded for further action.

The Veteran's cervical spine disability is currently rated at 10 percent, reflecting full forward flexion and a combined range of motion to no less than 205 degrees. This meets the criteria for a 10 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine strain were denied. The Veteran was granted service connection for left posterior tibialis tendonitis, rated at 10% prior to October 24, 2007, and at 20% thereafter; right posterior tibialis tendonitis, also rated at 10% prior to March 27, 2009, and at 20% thereafter; and bilateral plantar fasciitis, each rated at 10%. The claims were denied as the conditions are not related to service-connected disabilities.

The Veteran's chronic cervical strain and cervical disc degeneration are causally related to his active service, warranting the grant of service connection.

The Veteran is found to be in need of regular aid and attendance due to his multiple nonservice-connected disabilities, including HIV/AIDS, hepatitis C, umbilical hernia, and limitation of cervical spine motion. As a result, he is entitled to special monthly pension based on the need for aid and attendance.