Neck / cervical spine decisions — 2006

The Board has determined that the veteran's cervical spine disorder did not begin or increase in severity during service and is not proximately due to or the result of his service-connected lumbosacral spine disability. Therefore, service connection for this condition is denied.

The Board found that the evidence does not support a link between the veteran's current neck disability and his service, including an injury reported during service. As such, the claim for service connection is denied.

The Board granted a 60 percent rating for cervical strain, with traumatic arthritis and degenerative disc disease. The claim of reopening the service connection for bilateral shoulder disability was also granted.

The veteran's left TMJ syndrome is rated at 30 percent since March 28, 2001.,For the period prior to March 28, 2001, a 30 percent rating for left TMJ syndrome is granted.

The Board has denied the veteran's claims for increased ratings for cervical and dorsal spine arthritis, finding that the current disability levels do not warrant a higher rating under the applicable VA rating criteria.

The veteran's service-connected disabilities do not require aid and attendance or render him housebound.

The Board denied service connection for a brachial plexus injury of the left arm and found that new and material evidence had not been submitted to reopen the claim of cervical arthritis.

The Board denied increased ratings for the veteran's service-connected schizoaffective disorder, cervical myositis, lumbosacral paravertebral myositis, and patellar tendonitis of the right knee due to failure to report for VA examinations without good cause.

The Board found that the veteran does not have current cervical or thoracic spine disorders and that any existing disabilities are not related to service. The claim for service connection was denied.

The veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Board has denied the veteran's claims for service connection and pension benefits due to a lack of wartime service. The veteran was not in Vietnam during his active duty, which occurred entirely outside any recognized period of war.

The Board has determined that the veteran does not have a current throat, eye, nasal, neck, or low back disability for which service connection can be granted based on direct evidence. The available medical records do not show any nexus between his military service and these disabilities.

The Board has granted an initial disability rating of 20 percent for service-connected residuals of a neck injury with degenerative changes to the cervical spine, effective from September 26, 2003. The veteran's left ear hearing loss is rated as noncompensable.

The veteran's appeal is being remanded due to a change in the Veterans Law Judge conducting his hearing. He has been asked if he wants another hearing, and he has requested one.

The Board has determined that the veteran's service-connected cervical spine disorder warrants a 20 percent rating prior to November 13, 2002 and a 40 percent rating thereafter. The lumbosacral strain with degenerative joint disease is rated at 40 percent since November 13, 2002.

The Board has determined that the veteran's death was not caused or contributed to by any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has granted a rating of 20 percent for the service-connected cervical spine disability since September 26, 2003. The lumbar and cervical spine disabilities are rated based on their functional impairment without separate ratings for associated neurologic manifestations. The left knee and right patellofemoral syndrome have not been assigned initial ratings.

The Board has determined that new and material evidence was received to reopen the veteran's previously denied claims for service connection of cervical, thoracic, and lumbar spine disabilities. However, the preponderance of the evidence does not support these claims.

The veteran's claims for increased ratings for her service-connected lumbar and cervical spine disorders, as well as her shoulder conditions, were denied. The RO found that the current evaluations adequately reflect the severity of these disabilities.

The veteran's claims for increased ratings for his service-connected gout, lumbar spine disability, cervical spine disability, and right shoulder disability were denied. The RO found that the evidence did not show exceptional or unusual circumstances warranting referral for extraschedular consideration.