Neck / cervical spine decisions — 2006

The veteran's claims for increased evaluations for hemorrhoids, cervical spine discogenic disease, and lumbar spine discogenic disease were denied as the conditions did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board has determined that the veteran does not have current right shoulder, bilateral arm, neck or back disabilities due to events experienced during his period of active service. The VA examiners did not find a connection between these conditions and service.

The veteran's cervical spine disorder is currently rated at 20 percent, effective September 26, 2003. The rating reflects severe limitation of motion with pain and weakened movement.

The veteran's pre-existing cervical spine disorder is being reviewed to determine if the April 2003 active duty for training incident aggravated his condition. The VA will obtain all relevant medical records and provide a VA orthopedic examination to assess whether there was an increase in severity of the pre-service disability.

The Board denied the veteran's claim for service connection for cervical spine disability, neck pain, chronic headaches, depression and double vision due to lack of evidence showing a direct relationship between his current condition and active duty service. The Board found that the veteran did not have any cervical spine disability during or after service.

The Board found that the veteran's upper and lower back disorders, including arthritis, were not incurred in or aggravated by military service. The evidence did not show an in-service injury or disease related to these conditions.

The Board denied service connection for a cervical spine disorder and denied an increased rating for lumbar spine disability. The veteran's current low back disability is manifested by mild to severe limitation of motion, with subjective complaints of chronic pain (increased with use and during flare-ups), and weakened movement and excess fatigability.

The veteran's claims for effective dates prior to December 18, 2001 for service connection for allergic rhinitis and pseudofolliculitis barbae are denied. The Board has also remanded the remaining issues of entitlement to service connection.

The veteran's claims for specially adapted housing and a certificate of eligibility for assistance in acquiring an automobile or other conveyance with special adaptive equipment, or for special adaptive equipment only were denied due to the lack of service-connected permanent total disability. The veteran is already receiving a TDIU based on his service-connected disabilities.

The VA denied the veteran's claim for a higher rating for his service-connected arthritis of the cervical spine, currently evaluated at 20 percent.

The veteran has withdrawn their appeal, and the case is dismissed.

The Board has determined that the veteran's cervical spine disability warrants a 40 percent rating from May 30, 2001 to November 1, 2001. The temporary total rating for convalescence following surgeries is granted until July 31, 2003.

The Board denied the veteran's claims of service connection for cervical and lumbar spine disorders, finding that there was no evidence to support a link between his current conditions and his military service.

The Board denied the veteran's claims for higher ratings for cervical strain, lumbosacral strain, and COPD. The RO assigned noncompensable disability ratings initially in April 1998 and increased them to 10 percent effective August 23, 1997.

The Board denied an increased rating for the veteran's cervical spine disorder and a separate initial evaluation for his mechanical thoracic strain.

The Board has denied the veteran's claims for service connection for lumbosacral strain with DJD, cervical sprain with DJD, residuals of contusions and strain of the left elbow, and residuals of contusions of the right forearm as there is no medical evidence linking these conditions to his military service.

The veteran's claim for a TDIU is being remanded due to the need for further development of his medical and employment history.

The Board has determined that there is no evidence of a back or neck disability during service, and the current disabilities are not related to service. Therefore, the claims for service connection for both conditions have been denied.

The VA denied an increased rating for the veteran's cervical spine disability, which was currently evaluated at 30 percent. The appeal is based on the veteran's claim for a higher rating.

The Board has determined that the veteran's service connection claims for Degenerative Disc Disease (DDD) of the cervical and lumbar spine, as well as Pes Planus, cannot be established due to a lack of evidence showing their onset in or aggravation by his active duty service. The Board found that the medical evidence does not support the veteran's contention that these conditions are related to combat service.