Neck / cervical spine decisions — 2006

The veteran's claim for service connection and increased rating for his low back pain disability is being remanded to the RO for additional development, including obtaining SSA records and a VA examination.

The Board has determined that the veteran's neck disability is not related to his service-connected bilateral knee disorder, and therefore denied the claim for secondary service connection.

The Board found that the veteran's current cervical spine disability is not related to service and denied his claim for service connection.

The veteran's initial ratings for his cervical spine and concussive injury conditions were denied, as was the request for earlier effective dates for his PTSD rating and TDIU.

The Board denied the veteran's claims of service connection for a neck disability and an increase in rating for his right shoulder disability, finding that there was no evidence linking these conditions to his active duty service or service-connected right shoulder disorder.

The Board has denied the veteran's claim for service connection for degenerative disc disease of the cervical spine, finding that it did not manifest during or as a result of his military service.

The Board finds that the preponderance of the evidence is against the veteran's claims for higher disability ratings. The veteran does not have a current hearing loss disability as defined by VA compensation standards, and his cervical spine disability has been rated appropriately based on the severity of symptoms prior to March 26, 2004 and since that date.

The veteran's appeal has been dismissed due to his death.

The Board found that the veteran's cervical strain warranted a disability rating of 20 percent as of August 29, 2005, but not before.

The veteran's claim is being remanded for the RO to review additional evidence and consider his entire recorded history in conjunction with the Evidence section listed in this letter.

The Board has determined that the veteran's cervical spine disability was not incurred in or aggravated by service, nor is it proximately due to or the result of any disease or injury incurred in or aggravated by service (to include his service-connected lumbar spine disability). As a result, the claim for service connection for a cervical spine disability is denied.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by service and denied her claim.

The veteran's appeal for an increased rating for her cervical spine disability was denied, and she is not entitled to a TDIU rating.

The veteran's appeals for higher initial disability ratings for cervical and lumbar spine disorders have been withdrawn, resulting in the dismissal of the appeal.

The Board has determined that there is no competent evidence linking the veteran's left shoulder and neck disabilities, to include arthritis, to any incident of service or a service-connected disability. As such, service connection for these conditions cannot be granted.

The Board found that the veteran's spine conditions are not proximately due to or the result of his service-connected right knee disability, nor were they directly related to any remote incident of service.

The Board is remanding the case due to unclear basis of entitlement and need for a medical opinion regarding whether service-connected conditions contributed to death.

The veteran's initial claim for service connection was granted, and he is now seeking higher ratings for his cervical spine disability. The Board found that the criteria in effect at the time of filing were not more favorable to him, but did find that the revised criteria effective September 26, 2003, are more favorable.

The Board found that the veteran's service-connected lumbosacral spine disability did not warrant a higher rating prior to October 25, 2005 and was only rated at 10 percent from that date. The cervical spine disability was also rated at 10 percent from October 25, 2005. The veteran's service-connected musculoskeletal headaches were rated as noncompensable prior to October 25, 2005 and a rating higher than 10 percent beginning that date.

The Board has determined that the veteran's psychiatric disability did not begin during service or within a year thereafter, and thus cannot be granted as service-connected. The cervical spine disability claim was denied due to insufficient evidence connecting it to service.