Neck / cervical spine decisions — 2007

The veteran's cervical spine disorder and thoracic spine injury have been evaluated at the maximum available rating of 30 percent, effective September 1, 2003. The Board found that neither ankylosis nor incapacitating episodes met the criteria for a higher evaluation.

The veteran's varicose veins of the left leg are rated at 40 percent, effective April 1, 2001. The head injury residuals and cervical spine arthritis are each rated at 10 and 20 percent, respectively, also effective April 1, 2001.,The veteran's heart disease claim has been reopened but no new rating has been assigned.

The Board granted a 20 percent rating for the veteran's cervical spine disability from May 19, 2005. The right shoulder disability remains at a 10 percent evaluation.

The Board granted the veteran increased ratings for his lumbosacral strain, migraine headaches, left knee instability, right knee DJD, and cervical spine disorder.

The Board has determined that the veteran's cervical spine disorder was incurred in service, resolving all reasonable doubt in his favor.

The Board has determined that the veteran does not have any current diagnosed disabilities for which service connection may be granted.,All of the issues raised by the veteran were denied as they do not meet the criteria for service connection.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death.

The Board found that the veteran's cervical radiculopathy does not warrant a higher initial rating than 40 percent.

The Board has determined that the veteran's current degenerative disc disease of the cervical spine and degenerative joint disease of the right shoulder were not incurred in or aggravated by active service.

The Board has ordered the VA to locate and associate all service medical records with your claims file. If these records are not found, you will be notified of this decision.

The Board has determined that the veteran's current cervical spine disability is not related to his active service, and thus denied his claim for service connection.

The Board has reopened the veteran's claim of service connection for degenerative joint disease in multiple joints and cervical spine, finding that new and material evidence has been received. The case is now remanded to determine if service connection should be granted.

The veteran's claim for an increased rating for his service-connected cervical spine disorder, which includes chronic cervical strain with degenerative disc and joint disease, and bilateral upper extremity radiculopathy, is being remanded due to insufficient medical evidence regarding the severity of his neurological manifestations. The RO must obtain all pertinent records from the Sutter North Medical Foundation and schedule the veteran for VA examinations to determine the nature and severity of his service-connected cervical spine disorder.

The veteran's claims for a compensable evaluation for cervical spine degenerative changes and service connection for a back disorder are being remanded due to the failure to appear at scheduled VA examinations. The veteran is also asked to provide consent for examination at an alternative location if Albuquerque, New Mexico.

The Board has determined that the veteran's cervical and lumbar disc disease is not related to his service-connected gunshot wound residuals, and arthritis is not shown within one year of separation. The veteran's gunshot wound residuals are rated as 10 percent disabling.

The veteran's claims for increased ratings and initial rating in excess of 10 percent for his service-connected lumbosacral strain, cervical strain, and TMJ dysfunction are being remanded due to the need for further VA examinations.

The Board denied the veteran's claims for service connection and initial ratings for his knee and low back conditions, finding no evidence of aggravation during service or significant functional impairment.

The Board denied an increased rating for cervical strain and denied a claim for tinea pedis. The veteran was assigned a 20 percent disability rating for cervical strain effective March 21, 2003.

The Board denied service connection for gastroenteritis/IBS, PTSD, and cervical dysplasia. The veteran's claims were not supported by the evidence of record.

The veteran's claim for an initial rating in excess of 20 percent for his service-connected undiagnosed illness that is most closely analogous to fibromyalgia is being remanded due to a discrepancy between the results of his September 2003 VA examination and his testimony at a RO hearing in September 2004.