Neck / cervical spine decisions — 2005

The veteran's claims for increased evaluations for his low back and neck disabilities were denied. The low back disability was not rated higher than 40 percent, while the neck disability received a compensable evaluation prior to July 13, 2001, but no rating has been assigned since that date.

The Board has denied the veteran's claims for service connection for peripheral neuropathy, lumbar spine disability, and cervical spine disability. The decision found that there was no evidence linking these conditions to his time in service or to a service-connected condition.

The Board has denied the veteran's claims for service connection for back, neck, right ankle, and left ankle disabilities due to a lack of evidence showing these conditions were incurred during or aggravated by military service.

The veteran's cervical spine disability is currently rated at 40 percent, the maximum under Diagnostic Code 5287 for unfavorable ankylosis of the entire cervical spine. The claimant seeks a higher rating.

The Board has determined that the veteran's lumbar strain, degenerative disc disease of the lumbar spine, and cervical spine disorders are not due to or aggravated by active service. The veteran's fibromyalgia is also not related to her active service.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation which is sedentary in nature. Therefore, the claim for TDIU is denied.

The veteran's claim for service connection for bilateral hearing loss was previously denied and not reopened. The Board found that his current back condition did not manifest during or within one year after service, and is not related to his service. His skin disorder claim remains pending as VA records are still being sought.

The veteran's claim for a higher rating for his cervical spine disability is being remanded due to the need for additional evidence.

The veteran was granted a total disability rating based on individual unemployability effective October 31, 1998 due to his service-connected disabilities.

The veteran's claims for higher ratings for cervical spondylosis and headaches, as well as his claim for service connection for a right arm condition, were denied. The veteran does not have diagnosed right shoulder pathology.

The veteran's service-connected cervical strain has been manifested by mild limitation of motion, and the RO granted a 10 percent evaluation for this condition.

The Board is remanding the veteran's claims for service connection due to incomplete medical records and need for further examination. The claims will be reviewed again after obtaining additional information.

The veteran's appeal is being remanded due to a technical issue with the hearing recording. He will be scheduled for a Travel Board hearing at the Las Vegas Satellite Station.

The Board found that the veteran's cervical spine injury is not related to his service-connected paroxysmal dystonic choreoathetosis or military service, and thus denied his claim for secondary service connection.

The veteran requested to withdraw his appeal, and the Board has dismissed the case as a result.

The veteran's cervical spine disability is rated at 20 percent, and his lumbar spine disability is rated at 20 percent effective November 15, 2004. The right foot disability remains rated at 10 percent. Service connection for a right hip disability was granted.

The veteran's claims for service connection and increased evaluations were denied. The Board found no evidence of current heart disease or arthritis, and the preponderance of the evidence did not support a finding that these conditions began in service.

The veteran's PTSD is rated at the highest possible disability rating, and his degenerative disc disease with myofascial syndrome of the entire spine is also rated at its maximum. The VA has granted these ratings effective from the date of the decision.

The Board has determined that the veteran's claimed degenerative joint disease of the cervical and lumbar spine is not service-connected as there is no evidence of such conditions in service or within one year post-service, and no medical nexus between current disability and service.

The VA has denied the veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the cervical spine, currently rated at 20 percent.