Neck / cervical spine Board decisions

The Board has granted service connection for a cervical spine disorder, but denied service connection for a thoracic spine disorder due to the veteran's failure to report for a VA examination.

The veteran's cervical neuritis of the right arm, sciatic neuropathy of the right leg, and cervical neuropathy of the left arm have been granted increased ratings to 40 percent each.,These increases are based on current medical evidence showing moderate to severe sensory disturbances with some organic changes in all three conditions.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and addressing whether new and material evidence has been presented to reopen the claim for service connection for Charcot-Mar-Tooth disease.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied as there is no current medical evidence of any left arm disability.

The veteran's claims for increased ratings for degenerative joint and disc disease of the lumbar spine, cervical spine, and thoracic spine were denied as his conditions did not warrant higher initial evaluations.

The veteran's claim for an increased rating for carpal tunnel syndrome was granted, and he is now rated at 50 percent effective July 10, 2002. Service connection for GERD, degenerative disc disease (DDD) of the cervical spine, and low back disorder were also granted.

The Board denied reopening the claims for service connection for lumbar spine, cervical spine, right arm (including right elbow), and right leg disabilities due to lack of new and material evidence.

The Board has determined that the veteran's DJD of the cervical spine did not occur in service and is not a result of or aggravated by his service-connected lumbosacral strain. Therefore, the claim for service connection is denied.

The Board found that the veteran's cervical and thoracic spine disorders were not incurred in or aggravated by active service, and may not be presumed to have been incurred therein. The veteran's cervical and thoracic spine disorders are also not proximately due to or the result of his service-connected ankle disorder or his service-connected low back disorder.

The veteran's low back disorders, diagnosed as lumbosacral strain and intervertebral disc space narrowing of the L5-S1, are found to be service-connected.,A diagnosis of hemangioblastoma of the second cervical vertebra is noted. The examiner opined that it was not likely related to exposure to toxic gases.

The veteran's service connection claim for a bilateral knee disability is granted as the current mild degenerative joint disease of the knees was at least as likely as not related to his active duty service.

The Board has remanded the case for further development, including obtaining information about an alleged assault during service and providing appropriate VA examinations to determine if any current diagnoses are related to service.

The veteran's claim for an earlier effective date for nonservice connected pension was denied as there was no informal or formal claim filed prior to the May 15, 2001 application. The RO assigned March 27, 2001 as the effective date based on VA treatment records starting from that date.

The Board denied the veteran's claims for service connection for various spine, shoulder, foot, and ankle disabilities. The appeals were based on direct evidence of these conditions without any presumption or secondary service connection.

The Board denied the veteran's claims for increased evaluations for his degenerative joint disease of the lumbar and cervical spines, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has assigned a 60 percent rating for the veteran's service-connected cervical degenerative disc disease, effective from September 23, 2002, based on the revised criteria in effect at that time. The current rating is higher than what was previously granted.

The Board found that the veteran's service-connected disabilities did not substantially or materially contribute to his death, and thus denied the claim for service connection for the cause of death.

The Board has determined that the veteran's currently diagnosed herniated disc of the cervical spine was not incurred in or aggravated by active service, and is not proximately due to or the result of a service-connected disability. As such, the claim for service connection is denied.

The veteran's prostate cancer and asthma were not found to be related to herbicide agent exposure in service. Service connection for chronic bronchitis, arthritis of the cervical spine, arthritis of the lumbar spine, and arthritis of the shoulders was also denied.

The Board denied the veteran's claims of service connection for various conditions, finding that there was no evidence to support a link between his current disabilities and his military service.