Neck / cervical spine decisions — 2006

The Board denied service connection for a cervical spine disability and granted a 40% rating for lumbosacral myositis with left radiculopathy as of July 8, 1998. The veteran's claim for a higher rating prior to that date was denied.,The veteran is entitled to a total disability rating due to individual unemployability.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran's cervical spine disability is related to service.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection for degenerative changes of the cervical spine and a left lung density. As such, these claims remain denied.

The veteran's service-connected disabilities, including his low back and cervical spine conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The veteran's initial evaluations for cervical and lumbar spine disabilities were granted, with effective dates of March 17, 2003.

The veteran's appeal for an increased rating for tinnitus was denied because there is no legal basis to award a separate schedular evaluation for tinnitus in each ear. The issue of what evaluation is warranted from February 5, 2004, for a cervical spine disability is remanded due to the need for another VA examination.

The veteran's service-connected disabilities do not meet the eligibility requirements for a certificate of eligibility for specially adapted housing or a special home adaptation grant.

The Board found that the veteran's cervical spine disorder and headaches were not incurred or aggravated during active service, nor could they be presumed to have been incurred therein. The claims for service connection are therefore denied.

The Board denied the veteran's claims for service connection for gastritis, gastroesophageal reflux disease, and a cervical spine disability. The claim for increased rating of diabetes mellitus was also denied.

The Board denied service connection for vision impairment, thrombocytosis, lumbar and cervical spine conditions, degenerative joint disease of the right knee and hip, and bilateral numbness and tingling in the hands and fingers.

The Board denied the veteran's claims of service connection for head scar, cervical spine disability, lumbar spine disability, and nasal fracture due to lack of new and material evidence. The veteran did not have a current disability of the nose.

The veteran is entitled to a 20 percent rating for cervical spine degenerative joint disease from February 13, 2003. The claim for an increased rating prior to that date was not granted.

The Board has determined that the veteran's current cervical and thoracic condition, other than fibromyalgia (back disability), is not related to his service. The claim for service connection is denied.

The veteran's cervical spine disability is rated at 10% from September 9, 2002 to September 25, 2003 and at 20% thereafter. The veteran's right upper radicular group impairment is separately rated at 20%. Conjunctivitis of the left eye was not service-connected.

The Board denied increased ratings for low back strain, cervical strain, and hypertension. The veteran's TDIU claim was also denied.

The veteran's claim for TDIU was remanded due to the need for additional development, including an examination and referral for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Board has denied the veteran's claims for service connection for a skin rash on his feet and arthritis of his cervical and lumbar spine, finding no competent medical evidence linking these conditions to his military service.

The Board denied the veteran's claims of service connection for a neck disability and an increased rating for headaches, finding that there was no evidence to support these claims. The veteran's current diagnoses were not related to his military service.

The veteran's claims for service connection and increased ratings have been dismissed as the veteran withdrew her appeals. The claim for an effective date prior to June 6, 2000 for fibromyalgia is denied. Separate compensable evaluations for heel spurs are also denied.

The Board denied the veteran's claim for an increased rating for his cervical spine disability, finding that prior to September 26, 2003, the disability was manifested by severe limitation of motion and deformity of the first and second cervical vertebral segments. After September 26, 2003, the disability was manifested by neck pain, degenerative joint disease, and limited motion.