Neck / cervical spine Board decisions

The veteran's claims for higher ratings for bilateral hearing loss and service connection for cervical spine and left elbow disabilities were denied. The Board found no new and material evidence to reopen the claims of cervical spine and left elbow disabilities.

The Board found no evidence of current disabilities for the right and left knees, thoracic spine, cervical spine, or lumbar spine. The veteran's claimed spinal issues are attributed to post-service injuries.

The Board denied the veteran's claims for increased evaluations for his cervical spine, right wrist, left knee, and right knee disabilities. The claim of service connection for hypertension was also denied as there is no indication that it was incurred in service.

The veteran's cause of death, chronic obstructive pulmonary disease (COPD), was found to be related to his service-connected lumbosacral spine disorder. The need for regular aid and attendance due to the veteran's service-connected disabilities has not been established. However, the veteran is entitled to a TDIU for purpose of accrued benefits.

The veteran's initial rating for residuals of multiple neck strain injuries, with traumatic arthritis and degenerative disc disease of the cervical spine is granted at 60 percent prior to September 23, 2002. The combined initial rating since September 23, 2002 is granted at 80 percent.

The Board has determined that the veteran does not have a current diagnosis of cervical spine pain or sinusitis, and therefore cannot establish service connection for these conditions. The veteran was diagnosed with migraines in October 2005, which is considered new evidence related to her headaches condition.

The Board has determined that the veteran's current residuals of a cervical spine injury and residuals of a right shoulder injury are related to service, granting service connection for both conditions.

The veteran's service-connected disabilities do not render him helpless as to require the need for aid and attendance of another person or being permanently housebound.

The veteran's cervical spine disability was initially rated at 20 percent from July 17, 2001. The RO denied a higher rating for the period before September 26, 2003 and granted an increased rating to 30 percent effective from September 26, 2003.

The Board denied the veteran's claims of service connection for low back disorder, left leg disability, left foot disability, neck disability, and upper back disability. The evidence did not relate to an unestablished fact or raise a reasonable possibility of substantiating these claims.

Service connection granted for upper back pain, low back pain, and painful hands due to an undiagnosed illness.,Service connection denied for residuals of a left foot sprain, right foot strain, fallen arches, and torticollis with cervical-dorsal myositis.

The VA determined that the veteran's service-connected cervical spine disability, characterized by pain and limited motion, does not warrant an evaluation in excess of 20 percent.

The veteran's appeal is being remanded to obtain additional medical records and for VA examinations to assess the current severity of his cervical spine and right ankle disabilities.

The Board has determined that the veteran's cervical spine degenerative disc disease does not meet or approximate the criteria for a higher initial evaluation, and thus denied his claim.

The veteran's adjustment disorder with depressed and anxious mood is found to be secondary to his service-connected cervical spine disability. The RO has granted a 20 percent rating for the cervical spine since April 30, 2005, effective from March 29, 2003. A separate 10 percent rating is assigned for each upper extremity radiculopathy associated with service-connected cervical and lumbar spine disabilities.

The veteran's appeal is being remanded for further action, including scheduling a videoconference hearing and clarifying his representation.

The Board has determined that the veteran does not have a current disability of the left hand. The only evidence showing any issue with his left hand is subjective reports of pain, which do not constitute a disability for service connection purposes.,The VA examiner found no evidence to suggest that the veteran's cervical spine and right shoulder conditions had their onset during service. Instead, they were attributed to post-service work-related activities.

The Board denied the veteran's claims for service connection for hepatitis C and an increased rating for traumatic arthritis of the cervical spine. The veteran's claim for hepatitis C was reopened based on new evidence, but he did not have active hepatitis C at the time of his VA examination in June 2001. For the cervical spine disability, the Board found that there is no evidence of unfavorable ankylosis or severe recurrent attacks of intervertebral disc syndrome.

The veteran's claims for increased evaluations have been remanded to the RO for a hearing and further review. The case will be returned to the Board after this is completed.

The Board denied reopening the veteran's claim for service connection due to lack of new and material evidence, as the submitted medical records did not provide a nexus between his cervical spine condition and service.