Neck / cervical spine decisions — 2007

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling new examinations to assess the severity of his service-connected cervical spine degenerative disc disease with left shoulder radiculopathy, left knee ACL injury, and hypertension.

The Board denied service connection for low back disability, including sacralization of L5/S1 and lumbar disc disease, as well as cervical spine disability. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board found that the veteran's cervical spine disorder clearly and unmistakably existed prior to service, and was not aggravated during service. Therefore, the claim for service connection is denied.

The veteran's claim for an earlier effective date for service connection and compensation for cervical spine disc disease with arachnoiditis was denied.,The veteran's claim for an earlier effective date for a 60 percent rating for post-operative residuals of herniated nucleus pulposus at L5-S1, with lumbar arachnoiditis was also denied.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for spondylosis, cervical spine. However, the claim remains denied as there is no competent medical evidence linking the current cervical spine disorder to service.

The veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or being housebound is remanded due to conflicting evidence regarding his service-connected disabilities.

The Board has granted a 30 percent initial evaluation for the veteran's service-connected status post C5-6 sublaxation fracture, with fusion at C4-7, with residual limitation of motion of the cervical spine and occipital headaches.

The veteran's appeal for an initial rating in excess of 20% for cervical strain has been dismissed as the claim is now moot due to additional service-connected disability benefits awarded.

The Board has determined that the veteran's current cervical spine disability is related to an in-service injury, and thus service connection for this condition is granted.

The VA determined that the veteran's chronic cervical strain does not warrant a rating in excess of 10 percent, as it did not meet the criteria for a higher evaluation under any applicable diagnostic codes.

The Board denied service connection for cervical and lumbar spine disabilities, as well as right eye trauma and bilateral leg disability. The veteran's current conditions are not shown to be related to his military service.,Service connection was also denied for headaches, as there is no evidence of a current condition that can be linked to the in-service injury.

The Board denied both claims for service connection, finding no new and material evidence to reopen the claim for DJD of the lumbar spine. The cervical spine condition was not shown to be related to service.

The Board has remanded the case due to issues related to reopening a previously denied claim of service connection for a cervical spine disorder and the secondary service connection claim. The veteran must be notified about the applicable laws and regulations, including those regarding new and material evidence.

The Board has determined that the veteran's cervical spine disability warrants a 50 percent rating, reflecting severe limitation of motion and demonstrable muscle spasm.

The Board denied the veteran's claims for increased ratings for his service-connected residuals of a neck injury with radiculopathy, finding that the evidence did not meet the criteria for a higher rating prior to September 25, 2003 and since September 26, 2003.

The Board found that the veteran's cervical spine condition is not related to his service, and denied his claim for service connection.,The VA examiner concluded there was no causal connection between the veteran's service-connected lumbar pathology and his normal hips, thus denying his claim for bilateral hip condition secondary to a service-connected low back disability.

The veteran is seeking service connection for a cervical spine disability. The case has been remanded due to the need for additional development, including obtaining in-patient records from the 249th General Hospital and scheduling a VA examination.

The Board denied a rating higher than 20 percent for cervical spine degenerative disc disease, finding that the evidence did not meet the criteria for such an increase based on orthopedic manifestations or incapacitating episodes. A separate 10 percent rating was granted for mild incomplete paralysis of the median nerve.

The veteran seeks service connection for a cervical spine disability, which he contends is related to a shrapnel injury sustained in service. The VA has not provided an opinion on whether the current cervical spine disability was aggravated by his service-connected right shoulder disability.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for his cervical disc disease, status-post anterior cervical diskectomy and fusion. The evidence did not meet the criteria for a higher evaluation under the applicable diagnostic codes.