Neck / cervical spine decisions — 2005

The Board has granted service connection for cervical spine degenerative changes, finding that the current condition is reasonably due to in-service injuries and/or cannot be dissociated from other service-connected disabilities. The issue of service connection for sleep apnea remains pending.

The Board denied the appellant's claims for increased ratings for his shell fragment wound residuals and prostate cancer, finding that the symptoms are primarily due to non-service-connected cervical spine degenerative disc disease.

The Board has denied all service connection claims for migraine headaches, right wrist condition, eczema, cervical spine condition, and thoracic spine condition. The veteran's claims were reopened on new evidence but the preponderance of the evidence is against a current disability in each case.

The Board has determined that the veteran's cervical spine disorder was not incurred or aggravated during active military service and is not attributable to his service-connected lumbosacral strain with degenerative disc disease. Therefore, service connection for this condition is denied.

The veteran is seeking service connection for neck, back, and head injuries sustained during military service. The RO has requested additional medical records to support his claims.

The Board denied service connection for residuals of a cervical spine injury, concluding that there was no nexus between any current cervical spine disability or post-surgical residuals thereof and the veteran's service, including any head injury sustained therein.

The veteran's cervical spine disability, characterized as cervical spine disease status post fusion at C5-6, was increased to a 30 percent rating effective from November 14, 1996.

The veteran's appeal is being remanded for a Board videoconference hearing. The specific issues of service connection are not addressed as the appeal is in process.

The veteran's claim for an increased rating for his service-connected cervical spine diskectomy and fusion is being remanded due to the need for additional VA examinations and consideration of recent treatment records.

The VA denied the veteran's claim for an increased evaluation of her service-connected cervical spine disability, finding that it did not meet the schedular requirements for a rating in excess of 20 percent prior to March 10, 1998.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and consideration of his claims.

The Board has remanded the case for further development, including obtaining additional medical records and considering changes in rating criteria.

The Board denied the veteran's claims for service connection for erectile dysfunction, cervical spine disorder, sleep disorder, acquired psychiatric disorder, and residuals of steroid use. The evidence did not establish a link between these conditions and active service.

The Board has determined that the veteran did not submit a timely substantive appeal for his claim of service connection for generalized anxiety disorder. The RO's January 1999 decision denying memory loss symptoms as a chronic disability resulting from undiagnosed illness is final. New evidence received since the January 1999 decision supports reopening this claim, but does not establish service connection.

The VA determined that the veteran's cervical strain disability does not warrant a rating higher than 10 percent.

The Board found that the veteran's current cervical spine condition was not incurred in or aggravated by his active service, and thus denied his claim for service connection.

The Board has granted a 20% disability rating for the veteran's service-connected cervical strain, effective from October 1998. The initial increased rating claim for rhinosinusitis remains denied.

The VA determined that the veteran's cervical spine disability, which was initially granted in February 1994 and rated at 10 percent, does not warrant a higher rating. The current 20 percent rating is maintained as it reflects moderate limitation of motion.

The veteran's cervical spine disorder was rated at 20% prior to August 11, 2004.,Effective September 23, 2002, the veteran is entitled to a 20% rating for radiculopathy of the left upper extremity and no rating for radiculopathy of the right upper extremity.

The Board has determined that the veteran does not have current hearing loss in either ear, and thus service connection for defective hearing is denied.