Neck / cervical spine decisions — 2007

The Board has denied the veteran's claims for service connection for degenerative disc disease of the cervical spine and degenerative arthritis of the lumbar spine with herniated nucleus pulposus, as these conditions are not shown to be related to his military service.

The Board has reopened the claim of service connection for a left knee disability and granted service connection, assigning a 10% rating.

The Board found that the appellant's cervical spine degenerative disc disease, right and left cervical radiculopathy do not meet the schedular criteria for higher ratings under the applicable diagnostic codes.

The Board has granted service connection for a cervical spine disability, but denied service connection for hypothalamic syndrome and sleep disorder. The veteran's current cervical spine disability is considered to be directly related to his in-service injury. However, there is no evidence of an underlying hypothalamic or sleep disorder.

The Board has denied the veteran's claims for service connection for residuals of low back injury with pain in the lower extremities, cervical spine injury, and pneumothorax. The reasons given include a lack of evidence showing these conditions were incurred during or aggravated by active service.

The Board has determined that the veteran's service connection claim for degenerative joint disease of the cervical spine with radiculopathy is granted.

The veteran's service-connected degenerative disc disease of the lumbar spine was granted a 20 percent evaluation effective December 1, 1999. The RO also granted an increased 20 percent evaluation for cervical spine disability from September 26, 2000 to January 22, 2003 and a temporary total evaluation based on surgical treatment necessitating convalescence.

The Board has remanded the case for further development and consideration of the veteran's claim for service connection for degenerative arthritis of the cervical and lumbar spine.

The Board has determined that the veteran does not have a low back disability related to service, and his respiratory disability is not linked to service. The cervical spine disability was also found not to be related to service or his service-connected right shoulder disability.,As such, the claims for service connection for these conditions are denied.

The Board has denied the veteran's claims for service connection for cervical joint disease, right arm radiculopathy, left arm radiculopathy, and hypertension as they are not related to his military service or a service-connected condition.

The VA denied a rating in excess of 10 percent for the veteran's service-connected cervical strain, citing current manifestations and lack of associated neurologic deficits or prostrating headaches.

The Board denied the veteran's claims for increased disability evaluations for his service-connected conditions, finding that the evidence did not support ratings higher than the current 30 percent for status post right arm fracture with residual ulnar neuropathy.

The veteran's appeal is being remanded for a new VA examination to assess the severity of his cervical/thoracic strain, as the current evaluation does not include all necessary details and may be inadequate.

The Board has determined that there is no current diagnosis of bilateral pes planus, and the medical evidence does not support a finding of a nexus between any current low back disability or cervical spine disability/compression fracture and service. Therefore, the claims for service connection for these conditions have been denied.

The Board denied the veteran's claims for increased ratings, service connection, and an effective date prior to September 30, 2002.

The veteran's service-connected disabilities (Generalized Anxiety Disorder, Major Depressive Disorder, PTSD, Degenerative Disc Disease of the Cervical Spine, Radiculopathy of the Left Shoulder/Arm, Headaches, Hypertension, and Corneal Abrasion of the Right Eye) meet the criteria for a TDIU due to their combined 80% disability rating.

The Board has remanded the veteran's claims for increased ratings and effective date determination due to incomplete information, including conflicting medical evidence regarding diabetes mellitus. The veteran's claim for service connection for PTSD is also being remanded as verification of his claimed in-service stressor needs to be made.

The veteran's claims for higher initial disability ratings for degenerative disc disease of the lumbar spine, cervical spine, and hepatitis B were denied. The RO or AMC considered both former and revised schedular criteria.

The Board found that the effective date for the TDIU should be December 19, 2002, as this was the earliest date on which it could be factually ascertainable that the veteran's service-connected disabilities rendered him unemployable.

The Board dismissed the appeal concerning the petition to reopen the previously denied claim for service connection for degenerative arthritis of the cervical spine, as the veteran and his representative withdrew their appeal during a recent hearing. The only remaining issue is the left shoulder disorder.