Neck / cervical spine decisions — 2005

The veteran is seeking service connection for a cervical spine disorder, but the Board has determined that additional development is needed due to insufficient medical opinions regarding the etiology of his condition.

The veteran's cervical spine disability was rated at 20 percent from April 13, 1998 to July 15, 2001 and increased to 60 percent effective July 15, 2001.

The Board has determined that the veteran's cervical and lumbosacral spine disabilities are related to injuries sustained during active service, leading to a grant of service connection.

The veteran's claims for higher initial evaluations and earlier effective dates for service connection are being remanded due to the need for additional VCAA compliance.

The Board denied service connection for a cervical spine disorder and found the veteran's VA Form 9 regarding his low back disability was not timely filed.

The veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbar and cervical spine are being remanded to allow for additional development, including a VA examination and consideration of both old and revised rating criteria.

The Board has determined that the veteran's cervical spine disorder and right shoulder disorder were not incurred in service, and thus denied both claims.

The Board has remanded the case for further development and consideration of new evidence, including a medical opinion linking the veteran's cervical spine disorder to his military service. The TDIU claim is held in abeyance until the service connection issue is resolved.

The veteran's cervical spine disability does not meet the criteria for a rating in excess of 30 percent, as it does not result in unfavorable ankylosis, severe intervertebral disc syndrome, any incapacitating episodes, or any neurological manifestations.

The VA determined that the veteran does not meet the criteria for special monthly pension based on need for aid and attendance due to his inability to perform basic activities of daily living without assistance.

The Board has determined that the veteran's tinnitus is related to his in-service combat-related acoustic trauma and granted service connection for this condition.

The Board has determined that the veteran's degenerative joint disease of the cervical spine and lumbosacral spine are causally related to combat injuries suffered during his service in Vietnam.

The Board has granted a 30 percent rating for the veteran's cervical spine disability effective from May 4, 2004. The rating is based on neurological manifestations of the condition.

The Board denied the veteran's claims for service connection and increased rating, finding no evidence of a chronic condition during or within one year after service. The veteran was also not found to have any disability attributable to exposure to Agent Orange.

The veteran's claims for service connection for a heart disorder, lumbar and cervical spine disabilities, and TDIU rating have been granted with effective dates of November 24, 1987. The ratings for the lumbar and cervical spine disabilities are set at 20% from November 24, 1987 to July 30, 2000, and 40% and 30%, respectively, after that date.

The veteran's claims for a compensable rating for bilateral hearing loss disability, and for service connection for degenerative joint disease of the thoracic spine and superior thoracic levoscoliosis are not addressed in this decision. The Board has jurisdiction over the remaining issues: Service connection for degenerative joint disease of the cervical spine is denied as it was not incurred during service or due to a service-connected disability, while tinnitus is granted as it was incurred during active service.

The veteran does not have additional cervical spine disability, nor was there any increase in severity of the pre-existing cervical spine disability, as a result of VA treatment in 1988.

The Board denied service connection for a low back disability, residuals of a right arm injury, and cervical spine disability. The claim for colon polyps and carcinoma of the colon was not addressed as it is unclear if this issue was part of the original appeal.

The veteran's claim for increased ratings for his cervical spine disability and associated left upper extremity symptoms have been granted. He is currently rated at 20 percent for the period from December 10, 2002 through the present.

The Board has granted service connection for arthritis of the hands, knees, and cervical, thoracic, and lumbar spine as aggravated by active service.