Neck / cervical spine decisions — 2007

The veteran's cervical spine disability is currently rated at 30%, and his thoracic spine and lumbar strain are rated at 20%. The breast reduction surgery condition remains at a 10% rating.

The Board found no evidence of a current lumbosacral strain, cervical spine disability, or left shoulder disability related to service.,The veteran's current disabilities are attributed to post-service injuries and degenerative changes.

The Board denied the veteran's claims for service connection for systemic nerve damage, stenosis of the lumbar canal with associated right sided sciatica and loss of use of legs with numbness, degenerative disc disease of the cervical spine, heart condition (claimed as heart palpitations), residuals of chronic prostatitis with retractable testicles, painful erection/ejaculation, and loss of use of a creative organ, and depression. The veteran's service-connected psoriasis was also denied for an increased rating.

The Board has reopened the veteran's claim for service connection for a back disorder, to include cervical and thoracic spine disabilities. The case is now remanded for further development.

The Board has determined that the veteran's claims for increased ratings for simple partial seizures, whiplash injury of the cervical and upper thoracic spines, and hemorrhoids are not supported by evidence showing at least one major seizure in the last two years or at least two minor seizures in the last six months. The VA examinations have shown no significant impairment that would warrant a higher rating.

The veteran's appeal is remanded due to the need for additional medical examinations and re-adjudication of his claims.

The Board has determined that the veteran's claim for service connection for degenerative disc disease of the cervical spine requires additional development, including a VA examination and opinion. The case is being remanded to the RO.

The Board has determined that the veteran's cervical spine disability and back disorder are related to his service, meeting the criteria for direct service connection.

The veteran's cervical spine disability is currently rated at 20 percent, effective July 30, 2004. The claim for an earlier effective date was granted.

The Board found that the veteran's cervical spine disorder does not meet the criteria for a higher rating than 20 percent, as it did not result in intervertebral disc syndrome, limitation of motion more than moderate degree, or favorable ankylosis. The disability is rated based on its current functional limitations.

The veteran's claims for higher ratings for bilateral hearing loss and service connection for cervical spine and left elbow disabilities were denied. The Board found no new and material evidence to reopen the claims of cervical spine and left elbow disabilities.

The Board found no evidence of current disabilities for the right and left knees, thoracic spine, cervical spine, or lumbar spine. The veteran's claimed spinal issues are attributed to post-service injuries.

The Board denied the veteran's claims for increased evaluations for his cervical spine, right wrist, left knee, and right knee disabilities. The claim of service connection for hypertension was also denied as there is no indication that it was incurred in service.

The veteran's cause of death, chronic obstructive pulmonary disease (COPD), was found to be related to his service-connected lumbosacral spine disorder. The need for regular aid and attendance due to the veteran's service-connected disabilities has not been established. However, the veteran is entitled to a TDIU for purpose of accrued benefits.

The veteran's initial rating for residuals of multiple neck strain injuries, with traumatic arthritis and degenerative disc disease of the cervical spine is granted at 60 percent prior to September 23, 2002. The combined initial rating since September 23, 2002 is granted at 80 percent.

The Board has determined that the veteran does not have a current diagnosis of cervical spine pain or sinusitis, and therefore cannot establish service connection for these conditions. The veteran was diagnosed with migraines in October 2005, which is considered new evidence related to her headaches condition.

The Board has determined that the veteran's current residuals of a cervical spine injury and residuals of a right shoulder injury are related to service, granting service connection for both conditions.

The veteran's service-connected disabilities do not render him helpless as to require the need for aid and attendance of another person or being permanently housebound.

The veteran's cervical spine disability was initially rated at 20 percent from July 17, 2001. The RO denied a higher rating for the period before September 26, 2003 and granted an increased rating to 30 percent effective from September 26, 2003.

The Board denied the veteran's claims of service connection for low back disorder, left leg disability, left foot disability, neck disability, and upper back disability. The evidence did not relate to an unestablished fact or raise a reasonable possibility of substantiating these claims.