Neck / cervical spine decisions — 2007

The veteran's service-connected cervical and lumbar spine disabilities precluded him from securing or following a substantially gainful occupation as of March 1, 1999. The effective date for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) is set at March 1, 1999.

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

The veteran's claims for service connection are being remanded due to the need to obtain additional VA treatment records and ensure all duty-to-assist obligations have been met.

The Board has determined that the veteran's service-connected cervical spine disability warrants a 20 percent disability rating, reflecting moderate limitation of motion.

The Board has granted service connection for a disability of the left forearm, manifested by a scar and weakness. Service connection was denied for cervical spine, left shoulder, and headaches.

The veteran's sinusitis is currently rated at 10 percent, but does not meet the criteria for a higher rating due to insufficient incapacitating episodes.,For the period prior to May 4, 2005, the veteran's cervical spine disability was rated at 10 percent. After May 4, 2005, it is rated at 30 percent.

The Board has granted a disability rating of 30 percent for residuals of a neck injury with associated headaches, effective July 20, 2001. The veteran is also entitled to Paragraph 30 benefits based on need for convalescence following L4-5 and L5-S1 anterior discectomy and anterior fusion performed on December 19, 2001.

The veteran's cervical spine disability was granted a 20 percent rating effective November 8, 2006. His thoracic spine disability remains at a 10 percent rating.

The Board denied the veteran's claims for a higher evaluation for lumbosacral strain syndrome and service connection for a neck disability, finding that his conditions did not meet the criteria for increased ratings or service connection.

The veteran's claims for service connection for stress fracture to the right foot, bilateral shin splints, and cervical dysplasia are denied. The VA will seek additional records from her National Guard service and provide a VA examination to determine if she currently has these conditions.

The veteran's claims for increased ratings for his lumbar spine and cervical spine disabilities were denied as the evidence did not show that he experienced incapacitating episodes or ankylosis.,The veteran's claim for service connection for degenerative joint disease of the knees was denied as there was no competent medical evidence linking arthritis to his active duty service.

The Board found that the veteran's neck and left shoulder disabilities were not related to service or a service-connected condition, leading to denial of these claims. The lumbosacral strain evaluation was remanded due to inadequate examination.

The Board has determined that the veteran does not have neuropathy of the hands and arms, herniated discs at C-3, C-4, and C-5, a neck condition (variously diagnosed as a lipoma or neurofibroma of the neck), or degenerative changes of the cervical spine due to service. The preponderance of the evidence shows that these conditions were not present in service or until many years thereafter.

The Board has remanded the case for further development and adjudication due to changes in rating criteria, new evidence submitted by the veteran, and additional VA examination.

The veteran is appealing the denial of service connection for various conditions, including a right knee condition and cervical spine disability. The appeal also includes claims for increased ratings and secondary service connection. The case must be remanded to obtain additional evidence and determine appropriate rating criteria.

The Board has determined that additional development is necessary to properly evaluate the appellant's cervical and lumbar spine disabilities, as well as his psychiatric disorder. The case will be remanded for further action.

The Board found that the veteran's current neck disabilities, diagnosed as cervical disc disease and cervical stenosis, were not incurred in or related to his military service.

The Board has remanded the case for additional development due to incomplete records and other issues.

The veteran's claims for service connection are being remanded due to the need for additional evidence and a VA examination. The issues of entitlement to higher initial evaluations for PTSD, as well as secondary service connection for erectile dysfunction, will also be addressed.

The Board denied service connection for arthritis of the cervical and thoracic spine, as well as an increased rating for chronic low back strain with muscle spasm.