Neck / cervical spine decisions — 2006

The Board has granted service connection for the residuals of a left shoulder injury, degenerative changes of the cervical spine, and degenerative disc disease of the thoraco-lumbar spine.

The Board denied service connection for degenerative arthritis of the lumbar spine, cervical spine, and hips due to lack of evidence linking these conditions to service.

The Board has remanded the case for additional development to determine if there is impairment to the cervical and dorsal aspects of the veteran's spine due to scoliosis or a fall in service, as well as whether his service-connected lower back disability renders him totally unemployable.

The Board denied the veteran's claims for increased disability ratings and service connection due to lack of evidence supporting his claims, particularly regarding chronic fatigue syndrome, gastroesophageal reflux disease, and sinusitis.

The Board has determined that the veteran is entitled to a higher initial rating of 30 percent for his cervical spine disorder prior to July 21, 2005. However, he is not entitled to any higher ratings from that date onward.

The Board has remanded the veteran's case for further development, including a VA examination to determine the nature and etiology of his claimed headaches. The veteran is also being asked to provide any additional evidence he may have.

The veteran's appeal is being remanded for further development and adjudication, including scheduling a hearing before the Board of Veterans' Appeals.

The Board has determined that the veteran's claimed conditions, including degenerative joint disease of the cervical spine, overactive bladder, and chronic epididymitis, were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Board denied service connection for residuals of a head injury, including memory loss, headaches, and cervical spine and disc pathology. The low back disorder was also denied as not incurred in or aggravated by wartime service.

The Board has determined that the veteran's claimed disabilities are not service-connected.

The veteran's claims for increased evaluations and a total rating based on individual unemployability were denied. The reduction of the evaluation for his right foot ganglion cyst excision scar residuals from 10 percent to noncompensable effective as April 1, 2006 was found improper.

The Board finds that the evidence is in equipoise as to whether the veteran's cervical spine degenerative disease is related to service, either by direct incurrence or secondary to a service-connected disorder. Service connection for cervical spine degenerative disease is granted.

The veteran's claims for service connection were denied. The RO found no evidence of the claimed conditions during or within one year after his periods of active duty, and there was no medical opinion linking any current disabilities to his military service.

The Board denied the veteran's claims for higher ratings for her right knee, right ankle, and right hip disabilities. The claim for post-traumatic headaches was also denied.

The veteran is seeking an earlier effective date for the grant of service connection for cervical facet arthropathy. The case must be remanded to provide proper VCAA notice and to readjudicate the claim based on all available evidence.

The Board has denied the veteran's claims for service connection for a cervical spine disability, stomach disability, and neuropsychiatric disability (including PTSD). The evidence does not support a finding that these disabilities are related to military service.

The veteran's appeal is being remanded for additional development, including VA examinations to determine the current severity of his right shoulder disability and hearing loss, as well as whether these conditions are related to service.

The veteran's claim for a total rating due to individual unemployability resulting from service-connected disabilities was granted, effective April 30, 1999. The decision is based on the veteran's service-connected lumbar and cervical spine disabilities as well as his shoulder conditions.

The Board has determined that the veteran's mild disc bulge, C4-6, and mild stenosis, C6-7, with cervical and thoracic muscle strain is manifested by occasional non-prostrating headaches, moderate limitation of motion on flare-ups, and mild neurological impairment of the left upper extremity. The criteria for a 30 percent rating have been met.

The Board has determined that the veteran's cervical spine disorder is not related to his service-connected right shoulder disability, and therefore denied secondary service connection for a cervical spine disorder.