Neck / cervical spine decisions — 2007

The Board has determined that the veteran's cervical spine disability was not incurred in or aggravated by service, and denied his claim for service connection. The issue of an initial evaluation in excess of 20 percent for degenerative disc disease at the lumbar spine levels remains pending.

The Board has found that the veteran's DDD and other degenerative changes of the cervical and thoracolumbar spine, to include residuals of fracture at T12, were incurred in active service.

The veteran's service-connected degenerative joint disease of the lumbosacral spine, cervical spine, right ankle, left ankle, right hand, and left hand have been evaluated based on their initial grant of service connection.,The veteran's service-connected degenerative joint disease of the right knee (previously characterized as chondromalacia) has also been evaluated based on its initial grant of service connection.

The Board has determined that the veteran's claimed lumbar, thoracic, and cervical spine disabilities are not related to service. The VA examiner found no evidence of injury or disease in service and concluded that any current spinal conditions are unrelated to service.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's claimed spine disabilities and multiple sclerosis, including obtaining VA medical records from his service period and scheduling him for appropriate VA examinations.

The Board has remanded the case for further development and readjudication, including consideration of new evidence, a VA examination, and compliance with VCAA notification requirements.

The veteran's service-connected disabilities, consisting of depression and degenerative arthritis of the cervical spine, do not render him individually unemployable.

The veteran's claims for increased ratings for his service-connected back disabilities are being remanded for additional development, including obtaining medical records and scheduling the veteran for a VA neurological examination to assess the severity of his radiculopathy.

The Board has determined that the veteran's cervical, thoracic, and lumbar spine disabilities were not caused by his active military service. The evidence does not demonstrate a link between these conditions and his period of service.

The veteran's service-connected disabilities, including degenerative disc and joint disease of the cervical spine with left upper extremity radiculopathy, degenerative disc and joint disease of the lumbar spine with left lower extremity radiculopathy, and migraine headaches, have resulted in a combined schedular rating of 90 percent. The veteran is unable to walk or use stairs due to his service-connected disabilities, meeting the criteria for specially adapted housing.

The Board has denied the veteran's claim for a total disability evaluation based on individual unemployability (TDIU) due to her service-connected disabilities, as they do not prevent her from securing or following substantially gainful employment.

The Board has determined that the veteran's right shoulder strain, sinus infection, headaches, low back disorder, and degenerative disc disease of the cervical spine were not incurred or aggravated by service.

The Board denied the veteran's claims for an increased rating for her left wrist fracture and did not reopen her previously denied service connection claims for left knee and cervical spine disabilities.

The veteran's degenerative cervical spine, C4-C5, has been granted service connection and currently rated as noncompensable (0 percent). The RO found that the disability does not meet or approximate criteria for a higher rating based on limitation of motion.

The Board has determined that the veteran's bilateral carpal tunnel syndrome is related to service and granted service connection for this condition.

The Board has determined that the veteran's cervical cancer with hysterectomy is related to military service and grants service connection for this condition.

The Board found that the veteran's lumbar and cervical spine disabilities are not related to her military service.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current right knee disorder, and the left knee disability did not meet criteria for higher evaluations prior to or from November 2004. Headaches, lumbar spine disorder, cervical spine disorder, and peripheral neuropathy of the left hand were also evaluated without meeting criteria for increased ratings.

The veteran's claim for special monthly pension by reason of regular aid and attendance or being housebound was denied as he does not meet the criteria for either benefit.

The veteran's appeal is being remanded to the RO due to new evidence submitted and incomplete service medical records. The case will be reconsidered with consideration of both low back and cervical spine disorders.