Neck / cervical spine decisions — 2007

The veteran was granted service connection for various conditions, including Raynaud's phenomenon and polymyositis of the shoulders and hips. The initial ratings assigned were all 10 percent.

The Board found that the veteran did not incur residuals of a claimed head injury, including disabilities of the cervical spine and lumbar spine in service or within the first post-service year. The psychiatric disorder was also not incurred in service and is not proximately due to or the result of a disability incurred in service.

The Board denied service connection for metastatic squamous cell carcinoma cervical lymph node as the evidence did not establish a link to service, including herbicide exposure.

The Board has determined that the veteran's degenerative disc disease of the cervical spine with spondylosis is related to his active service and grants service connection for this condition.

The veteran's dysthymic disorder is currently rated at 50 percent, but the evidence does not support a higher rating due to his symptoms and functioning.,The veteran's cervical spine disability is currently rated at 20 percent, which is appropriate given the limitation of motion. The next higher rating of 40 percent requires more severe limitations.,The veteran's lumbar spine disability is also currently rated at 20 percent, with no evidence supporting a higher rating due to his symptoms and functioning.,Both knee disabilities are currently rated at 10 percent each, which the Board finds appropriate given the veteran's limited range of motion and pain. The next higher ratings require more severe limitations or additional functional loss.,The veteran does not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The July 1982 rating decision assigned a noncompensable rating for strain of the cervical spine, which was not clearly and unmistakably erroneous.,The claims to reopen the service connection for residuals of a left great toe injury and hallux valgus were denied as no new and material evidence was submitted.

The Board denied the veteran's claims for service connection for low back and cervical spine disabilities, finding that there was no evidence of a current disability or that such disabilities were caused by his service-connected left knee disability.

The Board found no evidence of a current disability related to service for the claimed head injury, lumbar spine injury, or cervical spine injury. The veteran's complaints and diagnoses were not shown to be related to his military service.

The veteran's claims for service connection for various knee and ankle disabilities, as well as back and neck conditions, were denied by the RO in March 1975. The Board has not reopened these claims due to lack of new and material evidence.

The Board denied the veteran's claims for initial compensable ratings for cervical strain, thoracolumbar strain, tension headaches, and right knee retropatellar pain syndrome as there was no evidence of functional impairment or significant disability in any of these conditions.

The veteran's claims for increased ratings for his cervical spine disability, facial scars, and neck scars were denied as the evidence did not support a higher rating under the applicable criteria.

The veteran's cervical spine disability is currently rated at 30 percent, and the claim for service connection of a psychiatric disorder (including PTSD) has been denied due to lack of new and material evidence.

The Board found that the veteran's cervical spine disorder is not attributable to his periods of active service and denied his claim for service connection.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for his muscle spasm of the cervical spine secondary to service-connected separation of the right clavicle, finding that the condition resulted in no more than moderate limitation of motion prior to September 26, 2003 and limited forward flexion to not less than 20 degrees after that date.

The veteran's cervical spine disability is currently rated at 30 percent, and the Board finds that it does not meet the criteria for a higher rating based on orthopedic manifestations, incapacitating episodes, or neurological manifestations.

The VA has denied the veteran's claims for increased ratings for his service-connected cervical spine strain and headaches. The evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the veteran's cervical spine disorder is secondary to his service-connected bilateral knee disabilities and grants this claim.

The veteran has withdrawn his appeal, and the Board does not have jurisdiction to review it.

The Board has remanded the case for further development, including a VA examination and an opinion on service connection for a neck disability. The veteran is to provide any additional medical records from before 1999 and must be scheduled for a VA examination.

The veteran's neck injury, resulting from carrying a heavy book bag during vocational rehabilitation classes, was not directly caused by an essential activity or function within the scope of his program. Therefore, he is denied compensation under 38 U.S.C.A. § 1151.