Neck / cervical spine decisions — 2006

The veteran's appeal is being remanded for additional development and re-adjudication of all issues on appeal, including service connection claims.

The Board has remanded the veteran's claims due to incomplete medical records and for proper VCAA notice.

The veteran's service-connected disabilities do not impair his ability to prepare for, obtain, or retain employment consistent with his abilities, aptitudes, and interests. Therefore, he does not have an employment handicap.

The veteran's cervical spine disability is service-connected and secondary to his right shoulder disability. His depression has been rated at the maximum available rating.

The Board has remanded the case for further development, including a supplemental opinion from the April 2006 VA examiner and formal adjudication of service connection issues. The veteran's claim will be readjudicated after these actions.

The Board denied the veteran's claims for service connection for arthritis of the lumbar spine, cervical spine, shoulders, and knees as secondary to his service-connected bilateral pes planus.

The VA denied the veteran's claims for increased evaluations for his cervical and thoracic spine disabilities, as they do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the veteran's claims for service connection for a cervical spine disability and bilateral bunions, finding no new and material evidence to reopen the previously denied claims.

The Board denied the veteran's claims for increased ratings for degenerative disc disease with low back pain, L4-5, S-1 and cervical stenosis, C5-6, C6-7. The decision also denied her claim to sever service connection for chronic bronchitis effective March 1, 2006, finding that the decision was proper.

The Board has denied the veteran's claim for service connection for cervical spine osteoarthritis, finding that it was not incurred or aggravated by military service. The issue of a higher rating for residuals of a gunshot wound to the left neck is referred back to the RO for further action.

The veteran's appeal is being remanded for additional development, including obtaining private treatment records and arranging for an orthopedic examination to determine the nature and etiology of his back disability(ies).

The Board finds that the veteran's cervical spine degenerative changes are likely due to an injury during his period of active service, and grants service connection for this condition.

The veteran's cervical spine disorder is rated at 30 percent effective August 5, 2005. The right knee disorder is rated at 20 percent effective August 5, 2005.

The veteran's cervical spine arthritis results in limitation no greater than that akin to favorable ankylosis of the cervical spine, with pronounced intervertebral disc syndrome and neurological impairment. The disability meets the criteria for a 60 percent evaluation.

The VA denied a higher initial rating for the veteran's service-connected cervical spine disability, finding that her condition did not warrant an evaluation in excess of 20 percent.

The veteran's claims for service connection were denied across the board. The Board found no evidence of a seizure disorder, degenerative joint disease of the spine, hypertension, skin disorder, eye disorder, organic brain syndrome, PTSD, hypothyroidism, hyperuricism, or disorders of the shoulders, arms, elbows, wrists, hands, fingers, hips, legs, thighs, knees, ankles, feet, and toes that were incurred in service. The veteran is already receiving a 10% rating for tinnitus.

The veteran's claims for service connection are being remanded due to the need for additional medical records.

The Board found that the veteran's cervical spine disability was not caused by his active military service and denied his claim for service connection.

The Board has granted service connection for diplopia and increased ratings for the cervical spine and lumbosacral spine disabilities. The appellant's other claims were denied.

The Board has remanded the case due to insufficient evidence regarding whether VA fault caused the veteran's current spinal stenosis following his January 2001 cervical discectomy and fusion with right iliac crest bone.