Neck / cervical spine decisions — 2005

The veteran's cervical strain, mild central spinal stenosis with small central protrusion at C3-4 and disc bulge at C4-5 and C5-6 is currently rated as 30 percent disabling. The veteran's GERD and IBS are each rated as 10 percent disabling. His degenerative arthritis of the thoracic spine does not warrant a higher rating, and his bilateral hearing loss is not compensable.

The Board found no evidence to support the veteran's claim that he sustained a head injury in service and concluded that his current conditions are not related to his military service.

The veteran's service-connected residuals of whiplash injury of the cervical spine with radiculopathy to the left upper extremity are manifested by significant neuropathic pain residual, but without EMG evidence of acute or chronic denervation changes in the musculature of the left upper extremity. This is consistent with no more than mild incomplete paralysis of all radicular groups.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence of cold injury to the hands or neck disability in service, and the current conditions do not meet criteria for presumptive service connection due to exposure.

The veteran's service-connected cervical strain, left hip fracture, and left shoulder bursitis have been granted increased ratings. Service connection for degenerative disc disease of the lumbar spine has not been established.

The Board denied the veteran's claims for service connection for degenerative disc disease of the lumbar spine, depression, a cervical spine disorder, and urinary incontinence and gross hematuria as secondary to his service-connected lumbar strain.

The Board denied service connection for cervical and lumbar spine disorders, finding that there was no evidence linking the current conditions to a 1972 injury during active duty.

The veteran's service-connected degenerative arthritis of the cervical and thoracic spine was granted an initial rating of 20 percent from August 9, 1996, to August 25, 2003. From that time forward, he is rated at 20 percent for his cervical spine disability and 10 percent for his thoracic spine disability.

The Board granted a 60 percent disability rating for the veteran's service-connected cervical spine disability effective from October 15, 1997. The attorney is not entitled to payment of past-due benefits as the effective date of the increased rating only went back to October 15, 1997.

The Board denied the veteran's claim for a disability evaluation in excess of 60 percent for degenerative disc disease of the cervical spine, finding that his symptoms did not meet or approximate the criteria for a higher rating under the applicable VA rating criteria.

The Board found no evidence of a neck injury in service and denied the claim for service connection.

The Board has remanded the case for further development, including obtaining medical opinions and evidence to determine if cervical dysplasia resulted from service-connected chronic cervicitis and whether hysterectomy was secondary to that condition.

The Board denied the veteran's claims for service connection for degenerative joint and disc disease of the cervical spine, finding no evidence linking his current condition to service. The TDIU claim was also denied as there were not sufficient service-connected disabilities to meet the criteria for a total disability rating based on individual unemployability prior to May 12, 2003.

The veteran's cervical discectomy, with history of avulsion injury and left spinal paralysis, is currently rated at 40 percent disabling. The Board found the condition to be productive of slight limitation of motion, severe neck pain, radicular symptoms, weakness, numbness, and paresis of the left upper extremity.

The veteran's claim for an initial rating higher than 10 percent for degenerative disc disease (DDD) of the cervical spine on and after September 26, 2003 is being remanded due to the need for additional development.

The Board has denied the veteran's claims for service connection for a chronic right foot disability and a chronic neck disability, finding no evidence of current disabilities or a link to service.

The Board found that the veteran's cervical spine disability, musculoskeletal tension headaches, and right hand numbness (ulnar nerve) are not related to his military service or a service-connected condition.

The Board denied increased ratings for the veteran's service-connected cervical strain and lumbosacral strain.

The Board denied an increased rating higher than 60 percent for the veteran's cervical strain with osteophytes at C4-7, status post C6 bilateral foraminotomies and also denied entitlement to a separate compensable rating. The claim for earlier effective date of July 1, 1996, for the 60 percent rating was also denied.

The Board has determined that the veteran is unemployable due to his service-connected physical disabilities, and thus, a grant of a TDIU is warranted.