Neck / cervical spine decisions — 2006

The Board has determined that the veteran's current lumbar spine disorder, cervical spine disorder, and right shoulder disorder are not directly related to his active service.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for cervical spine disability resulting from VA surgery in March 2001, finding that there was no additional disability caused by VA care and treatment. The issue of service connection for depression secondary to cervical spine disability or lumbar spine disability is also denied.

The veteran's claim for an initial evaluation in excess of 10 percent for cervical spine disability is being remanded due to the need for further development, including a VA examination and consideration under revised rating criteria.

The Board found that the earliest medical evidence of a nexus between the appellant's cervical spine disability and her military service was in December 2002, which is later than the date she filed her claim for residuals of a motorcycle accident. Therefore, the effective date for the grant of service connection for cervical spine disability cannot be earlier than December 10, 1997.

The Board denied service connection for right shoulder, low back, and psychiatric disabilities. The veteran's claims for left shoulder, wrist, knee, ankle, cervical spine, head injury residuals, and headache disabilities were also denied.

The veteran's claims for service connection were denied as there was no evidence supporting the assertions made in his claims. His right foot disorder and ankle disorders were found not to be related to his military service or any service-connected conditions, while his cervical spine disorder claim was reopened but still denied due to lack of evidence.

The Board has determined that the veteran's degenerative joint disease of the lumbar and cervical spine is not related to his service, and therefore denied service connection for these conditions. The residuals of gunshot and shell fragment wounds of the right thigh and pelvis are currently rated as 10 percent disabling.

The Board dismissed the appeal regarding reopening of a claim for service connection for a lumbar spine disorder due to lack of an appeal from the March 1999 denial. The issue of increased rating for cervical and dorsal arthritis was remanded.

The veteran's claims for service connection for various conditions were denied. The Board found no current manifestations of the claimed conditions and insufficient evidence to support a grant of service connection.

The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of a chronic cervical spine disorder or other disabilities related to his active duty service.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and ensuring compliance with VCAA requirements.

The Board has granted a 40 percent evaluation for chronic lumbar sprain effective July 15, 2006. The veteran's claims for increased ratings for chronic cervical sprain and left knee medial meniscus tear and anterior cruciate ligament tear are denied.

The Board has remanded the veteran's claims for additional development due to new evidence submitted by his representative.

The veteran's appeal of the denial of service connection for a right shoulder disability was not timely filed. The Board therefore lacks jurisdiction to consider this issue. For the other issues, the criteria for higher ratings were not met.

The Board has granted service connection for degenerative changes of the cervical spine and right acromioclavicular joint arthritis, both found to be secondary to the veteran's service-connected postoperative residuals of a right total knee replacement.

The veteran's service-connected cervical degenerative disc disease was not manifested by ankylosis or severe limitation of motion from January 2, 2001 to September 25, 2003. From September 26, 2003, the disability did not meet the criteria for a higher rating based on forward flexion being reduced to 15 degrees or less.

The Board has determined that the appellant's claimed cervical and thoracic spine disorders are not related to service, and thus denied his claims for service connection.

The veteran's arthritis of the mid-cervical spine has been rated at 30 percent, which is less than the maximum benefit available.

The veteran's claims for service connection for various conditions, including PTSD, hypertension, tension headaches, cervical and lumbar strains, toenail fungus, neuropathy, hearing loss, tinnitus, and a finger disability, were denied. The Board found that the preponderance of evidence did not support these claims.

The Board has reopened the veteran's claim for service connection for cervical and lumbar spine disabilities due to new evidence submitted since the last denial. The case is now remanded for further examination and opinion regarding the etiology of these conditions.