Neck / cervical spine Board decisions

The Board denied the veteran's claims for service connection for right shoulder disability, neck disability, low back disability, and leg disability. The Board found that these disabilities were not incurred or aggravated by his active duty service.

The Board denied the veteran's claim for service connection for degenerative stenosis of the cervical spine, finding no evidence that it was incurred in or aggravated by active military service and concluding there is no nexus between his current condition and any aspect of his active duty service, including a service-connected disability.

The veteran is seeking service connection for a cervical spine disorder, which he contends is related to his service-connected lumbar spine disability. The Board has determined that further examination and opinion are needed to determine the nature and etiology of any current cervical spine disability.

The Board has determined that the veteran does not have a current disability related to cervical dysplasia or a respiratory disability, and therefore service connection for these conditions is denied.

The Board denied the veteran's claims for service connection of his left shoulder, upper back, and cervical spine disabilities due to lack of new and material evidence.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. However, the claims of service connection for both a back disability (including arthritis of the lumbar spine) and a neck disability have not been substantiated as they are not related to service or any disease or injury of service origin.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's low back and cervical spine complaints, including verifying his periods of service and obtaining VA treatment records. The claims will be remanded for these actions.

The Board has remanded the case for additional development, including obtaining X-rays of the cervical spine and scheduling a VA examination to determine if there is any demonstrable deformity of the C5 and/or C6 vertebrae. The claim will be reconsidered based on Diagnostic Code 5285 under the pre-September 2003 version of the Rating Schedule.

The veteran's service-connected disabilities do not render him incapable of performing activities of daily living without regular assistance from another person, and he does not have a single service connected disability rated at 100 percent. The veteran is not substantially confined to his ward or clinic areas because of his service-connected disabilities.

The veteran's claims for service connection for depression and residuals of the removal of benign tumors from the left arm were granted.,A rating in excess of 10 percent was assigned for residuals of the removal of benign tumors from the left arm.

The Board denied the veteran's claims for service connection for a low back disability and an initial rating in excess of 10 percent for cervical spine strain. The evidence did not support the presence of any current low back disability, and there was no medical opinion linking the veteran's low back pain to his service-connected cervical spine strain.

The Board has determined that a VA examination is necessary to determine the relationship between the veteran's current cervical spine disability and his service, as he reported an in-service injury. The case is remanded for this purpose.

The Board found that the veteran does not meet the criteria for special monthly pension based on need of regular aid and attendance due to his various disabilities, as he is able to care for himself and protect himself from hazards in his environment.

The Board has determined that a new VA examination is needed to properly assess the veteran's cervical spine disability, as the prior examinations did not adequately address functional loss due to pain and weakness.

The veteran's claims for service connection for various joint disabilities, including ankylosing spondylitis and its associated symptoms such as right ankle, bilateral hip, lumbar spine, and cervical spine disabilities, are being remanded due to the need for further examination by a rheumatologist.

The Board has determined that it is not factually ascertainable that the veteran met the criteria for a combined 70 percent evaluation for service-connected disabilities within one year of his May 26, 2004 claim. Therefore, the effective date for the award of a combined 70 percent rating can be no earlier than May 26, 2004.

The veteran's claims for increased ratings and service connection were denied. The right wrist condition was rated at the maximum allowable under VA guidelines, while other issues remained unresolved.

The Board denied the veteran's claim for service connection for arthritis of the cervical spine, finding no evidence of a chronic condition in service or within one year after separation from service. The Board also found that there was insufficient medical evidence to establish a secondary relationship between the cervical spine disability and his service-connected low back disability.

The veteran's claim for special monthly compensation based on the need of aid and attendance of another was granted. The appeal regarding CUE with respect to a June 13, 2002 rating decision that denied entitlement to special monthly compensation is dismissed.

The Board has determined that a new VA examination is necessary for the claims of PTSD, psychiatric disability due to alcoholism, and neck disability. The case will be remanded for these examinations.