Neck / cervical spine decisions — 2005

The Board denied service connection for lumbar strain with post-operative residuals of a laminotomy and cervical strain, finding no evidence linking these conditions to the veteran's military service.,Service connection was also denied for PTSD due to lack of credible supporting evidence that the claimed in-service stressor occurred.

The Board has determined that the veteran's neck disability, low back disability, and depression are not service-connected or secondary to a service-connected condition.

The Board denied the veteran's claims of service connection for neck disability, chronic headaches, memory loss, joint pain, and fatigue. The evidence did not support a finding that these conditions were due to an undiagnosed illness or exposure to environmental hazards during her Gulf War service.

The veteran's claims for service connection were denied. The initial evaluation for paramyotonia congenita was granted, but the other claims remain unresolved.

The Board has denied the veteran's claims for service connection for a right knee disorder and a cervical spine disorder. The veteran's claim of entitlement to an initial compensable disability rating for his service-connected bilateral hearing loss is remanded.

The veteran's claim for service connection for a cervical spine disorder as being secondary to low back strain with degenerative arthritis was timely appealed. However, the issue regarding the timeliness of his election for Decision Review Officer process is dismissed as moot.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling an examination. The veteran's claims of service connection for a cervical spine disorder, total disability rating based on individual unemployability due to his service-connected disabilities, and diabetes mellitus are pending.

The Board denied the veteran's claims for service connection for irritable bowel syndrome and initial ratings for cervical strain and thoracolumbar strain, finding no clear or continuous relationship between his current stomach disability and military service.

The veteran's lumbar spine disability is rated at 20 percent prior to September 23, 2002 and at 40 percent beginning from that date. The right and left lumbar radiculopathy are each rated at 10 percent. The cervical and thoracic spine disability have not been rated higher than 10 percent.,The veteran's lumbar spine disability is currently rated at 40 percent, effective September 23, 2002. The right and left lumbar radiculopathy are each rated at 10 percent. The cervical and thoracic spine disability have not been rated higher than 10 percent.

The Board denied the veteran's claims for service connection for various conditions, including cervical spine disability, low back disability, thoracic outlet syndrome, right hand disability, tendonitis of bilateral elbows, bilateral knee disorder, bilateral hearing loss, tinnitus, chronic fatigue syndrome (CFS), and carpal tunnel syndrome (CTS).

The Board has granted service connection for a cervical spine disorder, hypertension, and non-nephrotic proteinuria.

The Board has granted service connection for chronic cervical spine degenerative disc disease and degenerative joint disease, finding that these conditions originated during active service. The issue of the veteran's entitlement to an increased evaluation for his L1 vertebral fracture residuals and lumbar degenerative disc disease is remanded.

The veteran's claim for service connection for residuals of a cervical spine injury is being remanded due to the need for further development, including obtaining clarification on workman's compensation and Social Security disability claims, as well as obtaining a VA medical opinion regarding the relationship between his current cervical spine condition and his military service.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has jurisdiction over the November 1998 rating decision that denied service connection for thoracic injury with local atrophy of the spinal cord; fracture of T12-L1, dorsal kyphosis. Service connection is granted based on aggravation.

The Board denied the veteran's claims for higher initial ratings for his cervical spine condition, bilateral pes planus, and bilateral hearing loss.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine, cervical spine disability, right leg disability, and impingement syndrome of the right shoulder. The evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The Board has determined that the veteran's cervical spine disability warrants an initial 10 percent evaluation, reflecting its severity.

The Board found that a chronic neck disability with back pain and headaches was not present in service or until many years thereafter, and is not shown to be related to service. Therefore, the veteran's claims of entitlement to service connection for these conditions were denied.

The Board has determined that the veteran's degenerative disc disease of the cervical spine warrants a 40 percent disability rating, effective December 1, 2004.