Neck / cervical spine decisions — 2007

The Board has granted service connection for fibromyalgia as a presumptive disability due to service in the Gulf War. Service connection was denied for back, neck, and right shoulder disabilities unrelated to fibromyalgia.

The veteran's claim for increased ratings for his cervical spine disability has been denied. For the period prior to September 24, 2004, he was not entitled to a rating higher than 40 percent. For the period from September 24, 2004, forward, he is already receiving the maximum schedular rating of 60 percent.

The VA determined that the veteran's service-connected cervical myositis does not warrant a rating in excess of 20 percent, as it does not meet the criteria for severe limitation of motion or favorable ankylosis.

The Board denied the veteran's claims for service connection for lumbar spine, cervical spine, and right shoulder disabilities as secondary to his service-connected right elbow disability.

The veteran's claims for increased ratings and service connection were denied. The cervical spine condition was rated at 10 percent, left foot pes planus with plantar fasciitis at 10 percent, right foot disability (pes planus with plantar fasciitis) was not found to be related to service, and depression was not shown to have been incurred during service.

The Board has determined that the veteran's claimed cervical spine, back, right shoulder, and right hand disabilities are not service-connected.

The Board has remanded the case for further development to verify stressors and obtain medical records, including those from private chiropractors. The veteran's claims for service connection will be reconsidered based on the additional evidence.

The veteran's service-connected degenerative disk disease of the cervical spine is currently rated at 10 percent, and the evidence does not support a higher rating based on limitation of motion or arthritis.

The Board has determined that the veteran does not have a current cervical spine disability and therefore, service connection for this condition is denied.

The Board finds that the veteran's neck and back disabilities were not incurred in or aggravated by service, as there is no evidence of a nexus between his current conditions and active duty. The preponderance of the evidence indicates that post-service injuries have caused his present disabilities.

The veteran's service-connected chronic low back pain with mild wedge compression and marginal spurs is rated at 10 percent since February 9, 2000.

The Board has determined that the veteran does not have diagnosed conditions such as low back disorder, cervical spine disorder, multiple joints arthritis, bilateral ankle disorder, bilateral knee disorder, or shin splints. Therefore, service connection for these conditions cannot be established.

The Board denied the veteran's claim for an increased disability rating for her cervical disc strain, finding that it did not meet the criteria for a higher evaluation under applicable evaluation criteria.

The Board has granted service connection for cervical strain and right shoulder disability, but denied requests for higher initial ratings. The veteran's cervical strain is currently rated at 10 percent since November 10, 2002.

The Board found no evidence linking the veteran's current low back, tailbone, or neck/cervical spine disabilities to his service. The VA examinations and medical records did not support a finding that any of these conditions were incurred in or aggravated by service.

The Board has determined that the veteran's claimed cervical spine disorder is not related to his military service and therefore denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for his thoracolumbar and cervical spine disabilities, as well as his claim for a compensable rating for paralysis of the right ulnar nerve. The veteran's arthritis was found to not meet criteria for higher ratings under the applicable VA rating schedules.

The Board denied the veteran's claims for service connection for a left shoulder condition and increased ratings for lumbar strain and cervical strain, finding that there was no evidence of current disabilities or a nexus to service.

The Board has reopened the veteran's claim for service connection for a cervical spine disorder and granted it, finding that new evidence supports the claim.

The Board has decided to remand the case for further examination and evaluation, including determining whether the veteran's congenital deformity was aggravated by service and if any current neck or back disabilities are separate from his congenital condition.