Neck / cervical spine decisions — 2006

The Board denied the veteran's claims for an increased rating for his cervical spine disorder and entitlement to a TDIU, finding that he failed to report for scheduled VA medical examinations. The decision is not considered to be the result of clear and unmistakable error.

The Board found that the veteran's lumbar and cervical spine disabilities did not have their onset during service or are otherwise related to his military service, thus denying service connection for these conditions.

The Board found that the veteran does not have a current neck disability and denied his claim for service connection. The right shoulder issue is pending, with an initial evaluation of medial border scapular syndrome also under consideration.

The Board denied the veteran's claims for reopening his service connection claim for cervical spine spondylosis and for an increased rating for spondylolisthesis of the lumbar spine, finding that new and material evidence had not been submitted to reopen the cervical spine spondylosis claim and that the current disability rating for the lumbar spine condition was appropriate.

The Board has determined that the veteran's cervical spine disability, including radiculopathy to both shoulders and arms, was incurred during service due to a combat injury. Service connection is granted for this condition.

The Board has determined that the veteran's current cervical spine and right shoulder disorders are not related to service, and thus denied his claims for service connection.

The Board has determined that the veteran's claims for increased evaluations of his thoracic strain, lumbosacral strain, and cervical strain with degenerative changes are denied as they do not meet the criteria for higher ratings under the applicable VA rating schedule.

The veteran's cervical strain was rated at 10 percent from June 1, 2003, to September 25, 2003. His left knee disability and allergic rhinitis were both rated as non-compensable.

The veteran's claims for service connection are being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The veteran's initial compensable evaluation for chronic cervical strain with intermittent headaches was granted prior to September 26, 2003. From that date, he is entitled to a 10 percent evaluation for this condition. His hypertension has also been rated at 10 percent since September 26, 2003.

The Board has remanded the case for further development to determine if the veteran's current cervical spine disability is related to his military service.

The veteran's service-connected right knee popliteal cyst with small meniscus tear, left knee arthritis, and cervical spine degenerative changes are currently rated at 10 percent each. The claims for increased ratings have been denied.

The Board has determined that the veteran's current lumbar and cervical spine disorders did not result from service, nor were they aggravated by service. The veteran's pre-existing conditions have been exacerbated over time but are not considered to be related to military service.

The Board has granted service connection for a cervical spine condition on a direct basis and an increased rating for L5-S1 calcified herniated nucleus pulposus and DJD. The veteran's cervical spine condition is found to be related to his in-service fall, while the L5-S1 calcified herniated nucleus pulposus and DJD are currently rated at 40 percent.

The veteran's scoliosis is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted as of September 26, 2003. The thoracic spine disability and cervical spine disability are both found to be not incurred in active service.

The Board has denied the veteran's claims for service connection for various conditions, including a ruptured ear drum, migraine headaches, right ankle disorder, depression, residuals of right palm laceration, and ear infections. The decision also addressed other issues such as asthma, mouth surgery, and lung cyst.

The veteran's service-connected residuals of a fracture of a cervical vertebra are currently evaluated as 20 percent disabling, and the Board finds that an increased rating is warranted.

The Board denied the veteran's claims of entitlement to an initial compensable evaluation for a scar of the head, service connection for disability manifested by blurred vision, and service connection for disability due to a neck injury. The veteran's current eye abnormalities were not related to his in-service motor vehicle accident.

The veteran's service-connected cervical spine disability is productive of pain and episodic muscle spasms, but does not result in severe limitation of cervical spine motion or limit to 15 degrees or less of flexion. The Board denied the claim for an initial evaluation in excess of 20 percent.

The Board has granted service connection for secondary right arm and cervical spine disabilities, but denied the claims for increased ratings. The veteran's scars are rated at 30 percent.