Neck / cervical spine decisions — 2007

The Board has determined that the veteran's tinnitus, bilateral hearing loss, degenerative disc disease of the cervical and lumbar spine, and right knee disability are not related to his period of active duty. As such, service connection for these conditions is denied.

The Board denied the veteran's claims for service connection for cervical and thoracic spine disabilities, as well as his claim for an increased rating for postoperative residuals of a lumbar disc syndrome. The veteran's current disability ratings remain at 40 percent.

The Board denied the veteran's claims for service connection for a low back disability, cervical spine condition, and residuals of concussion. The evidence did not raise a reasonable possibility of substantiating these claims.

The veteran seeks special monthly pension based on non-service connected disabilities, specifically degenerative disc disease of the cervical spine and low back pain. The case is remanded for a VA examination to determine if these conditions render him so helpless as to require aid and attendance or permanently housebound.

The Board has determined that the veteran's employment was not marginal and her TDIU rating was terminated effective January 1, 2008.

The VA has determined that the veteran's service-connected cervical spine disability does not warrant a rating higher than 20 percent, as her range of motion is within the limits for a 20 percent rating.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and arranging for VA examinations to assess the severity of his cervical spine and thoracolumbar spine disorders.

The Board has granted service connection for low back strain, right shoulder disability, and inguinal hernia. The claims are based on direct evidence of in-service injury or disease.

The veteran's initial disability ratings for his neck, left shoulder, and low back disabilities have been denied. The highest rating available under the applicable VA regulations is 20 percent for each condition.

The Board denied the veteran's claims for service connection for a cervical spine disability and an increased rating for his left acromioclavicular joint, finding that there was no evidence of chronicity in service or showing of continuity after discharge. The Board also found that the veteran's current cervical spine disability is not related to his service-connected separation of the left acromioclavicular joint.

The Board has determined that the veteran's degenerative disc disease of the cervical, thoracic and lumbar spine with herniated discs at C5-6-7 and bulging discs at T8-9 and L3-4-5 did not originate in service and is not related to any incident of service. As a result, the claim for service connection has been denied.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the veteran for VA examinations to assess the current severity of his service-connected disabilities.

The Board has determined that further development is needed to determine if the veteran's current spinal conditions are related to his military service, including whether any pre-existing condition was aggravated by service.

The veteran's claims for service connection of a cervical spine disability and an increased evaluation for his thoracolumbar back strain are being remanded due to the need to obtain additional medical records. The TDIU claim is also inextricably intertwined with the other claims.

The Board denied increased ratings for the veteran's service-connected gunshot and shell fragment wounds of the right thigh and pelvis, as well as his claims for service connection for degenerative joint disease of the lumbar spine and cervical spine. The residuals of the gunshot and shell fragment wounds are currently rated at 10 percent.

The Board has granted the petition to reopen a final disallowed claim for service connection for dysthymic and anxiety disorders. The claims for low back disorder, degenerative joint disease of the cervical spine, and whether new and material evidence has been received to reopen final disallowed claims for migraine headaches are addressed in the REMAND portion of this decision.

The Board has determined that service connection for a personality disorder is not warranted as it is not considered to be a disease or injury eligible for VA compensation purposes. The claims for irritable bowel syndrome and residuals of cervical spine injury are remanded for further development.

The Board has reopened the claim of service connection for left shoulder disability, but remanded the issue of carpal tunnel syndrome of the left hand due to lack of new and material evidence. The veteran's current left shoulder disorder is likely related to his service-connected right arm amputation.

The VA determined that the veteran's cervical spine disability, which is currently rated at 20 percent, does not warrant a higher rating based on the evidence provided.

The Board denied various claims, including service connection for several conditions and an increased rating for a burn disability. The veteran's appeals were not granted.