Neck / cervical spine decisions — 2006

The veteran's claim for increased ratings was granted, with the current rating of 40 percent effective August 23, 2001. Separate ratings of 20 percent each were assigned for radiculopathy of the right and left upper extremities, also effective August 23, 2001.

The Board has granted service connection for chronic cervical spine strain and chronic thoracic spine degenerative joint disease with scoliosis. The issues of service connection for a chronic breast disorder to include left breast asymmetrical parenchyma and a chronic bladder disorder to include urinary incontinence are remanded.

The Board has determined that the veteran's pre-existing lumbar spine disability was aggravated during his period of active duty, warranting service connection for this condition.

The veteran's osteophytes of the cervical spine resulted in slight limitation of motion, which did not meet the criteria for a higher evaluation prior to September 26, 2003. Since then, his condition has met the criteria for a 10 percent evaluation.

The Board has determined that the veteran's cervical spine disorder warrants a rating of 20 percent, reflecting severe limitation of motion.

The Board has decided to remand the case for further development due to a failure to comply with the Veterans Claims Assistance Act of 2000 (VCAA).

The VA denied service connection for degenerative disc disease of the lumbar and cervical spine, finding no evidence that current disability is related to military service.

The Board found no evidence of a current neck or cervical spine disability linked to service, and thus denied the veteran's claim for service connection.

The Board has dismissed the veteran's claims for service connection of lumbar, thoracic, and cervical spine disabilities and arthritis of the shoulders. The claim for an increased rating for alcoholism was denied. The reduction in the left triceps disability rating from 30 to 10 percent was not proper.

The Board has denied the veteran's claims for service connection for residuals of a cervical spine injury, residuals of a lumbar spine injury, and PTSD. The reasons provided were that there was no combat duty and the alleged in-service stressors have not been corroborated by official records or any other supportive evidence.

The Board granted service connection for a left knee disorder with a subchondral abnormality, but denied the claims for shoulder, right knee, ankle, and cervical spine disorders due to lack of current disability.

The veteran's claims for increased ratings and an earlier effective date were denied. The right shoulder condition does not meet the criteria for a higher rating, while the cervical spine condition is rated appropriately at 20 percent.

The Board denied the veteran's claims for service connection of his lumbosacral spine disorder and an increased rating for his cervical spine disorder, finding no evidence to support a nexus between current disorders and active service.

The Board has determined that the veteran's cervical spine disability did not manifest in service and is not related to his military service. The claim for service connection for low back disability was also denied.

The Board denied increased ratings for cervical spine disability, lumbosacral spine disability, and residuals of a gunshot wound to the abdomen.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of the veteran's service-connected spinal disabilities.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbar and cervical spine does not warrant an increased rating under either the old or new VA regulations.

The veteran did not have a service-connected disability rated as totally disabling for at least ten years prior to his death, and thus DIC benefits pursuant to 38 U.S.C.A. § 1318 are denied.

The VA granted a 10 percent evaluation for sinusitis and found that service connection was warranted for the deviated nasal septum (postoperative). The cervical carcinoma postoperative condition is not at issue as it did not require continuous treatment.

The Board has denied the veteran's claims for service connection for psychiatric disorders (other than PTSD), low back and cervical spine conditions, and headaches. The evidence does not support a finding of current disabilities or a nexus to service.