Neck / cervical spine decisions — 2003

The VA denied the veteran's claims for higher ratings for her cervical spine disorder and lumbosacral strain, both rated at 10 percent.

The Board has granted service connection for cervical spine degenerative joint disease, but denied service connection for cervical strain. The TDIU issue will be addressed in a separate decision.

The veteran's claim for an increased disability rating for the residuals of a cervical spine injury is being remanded to allow for further development, including obtaining medical records and scheduling a VA examination.

The Board denied an increased evaluation for the veteran's cervical spine arthritis, finding that her disability did not meet or approximate the criteria for a higher rating under either old or new regulations.

The Board has reopened the veteran's claim of entitlement to service connection for a neck disability secondary to his service-connected left knee disability. The evidence submitted since the April 1995 RO decision is considered new and material, as it provides a basis for finding that the veteran's service-connected left knee disability aggravated his currently manifested neck disability.

The Board has denied the veteran's claims for service connection for a kidney disorder, an increased rating for residuals of a surgical scar, and an earlier effective date for compensable evaluations for degenerative disc disease of the lumbar and cervical spine.

The veteran's bilateral hearing loss, tinnitus, and cervical spine disability have been shown to be causally related to his military service. Service connection is granted for these conditions.

The veteran's claims for service connection for various conditions, including hypertension, right shoulder disorder, cervical spine disorder, back disorder, dizziness, and insomnia are denied. The VA has not established service connection for any of these conditions.

The Board denied the veteran's claims for service connection and increased rating of cervical, thoracic, and sacral spine degenerative disc disease. The lumbar spine disability was rated at 40% from August 6, 1996 to May 13, 1999, and at 60% thereafter.

The Board found that the appellant's pre-existing cervical spine disorder did not increase in severity during service and is not presumed to have been incurred due to military service. The current right upper extremity radiculopathy is also considered a result of his pre-service injury, not related to active duty.

The Board has determined that the veteran does not have a current cervical spine disability or a chronic headache disorder that is related to service. The claim for residuals of a cervical spine injury and the claim for a headache disorder are both denied.

The Board denied the veteran's claims for increased evaluations for her service-connected lumbosacral and cervical muscle strain disabilities, finding that the evidence did not meet the criteria for a higher evaluation.

The Board denied a rating in excess of 10 percent for the veteran's service-connected cervical hyperextension injury with psychogenic pain disorder, finding that his condition did not meet the criteria for a higher evaluation.

The Board has granted an initial evaluation of 20 percent for cervical spine disability and a 10 percent evaluation for lumbosacral strain, effective from June 9, 2002. The veteran's cervical spine disability was initially characterized as cervical strain but is now rated based on the criteria for severe limitation of motion.

The Board has determined that there is no evidence to support the veteran's claims of service connection for lumbar and cervical spine disabilities, as his current conditions are not related to his military service.

The Board denied the veteran's claims for service connection and increased evaluations for defective hearing in the right ear, arthritis of the knees, arthritis of the neck (cervical spine), residuals of left shoulder injury with degenerative arthritis of the glenohumeral joint, and nummular eczema.

The Board has determined that the veteran's bilateral shoulder disability, including traumatic arthritis of the acromioclavicular joints bilaterally, traumatic arthritis of the left shoulder joint, a fracture, nonunited, of the spinous process of C6 vertebra, and traumatic arthritis of the cervical spine, mainly C4-5 and C5-6, may not be disassociated from active military service. Therefore, service connection for these conditions is granted.

The veteran's claim for an increased rating for his service-connected cervical spine disability was denied due to his failure to report for a scheduled VA examination without good cause.

The Board found that there was no evidence linking the veteran's current degenerative joint disease of the cervical spine to his military service, including an August 1972 automobile accident. The claim for service connection was denied.

The Board denied service connection for arthritis of the thoracic spine and spondylosis of the cervical spine, finding no evidence to support a relationship between these conditions and service.