Neck / cervical spine decisions — 2007

The veteran's service-connected halo scars, cervical spine fracture, and left upper extremity nerve palsy have been granted initial ratings. The veteran is entitled to a 30 percent rating for his service-connected halo scars on the face and head, a 10 percent rating for residuals of cervical spine fracture, and a 10 percent rating for left upper extremity nerve palsy.

The veteran's service-connected mechanical low back strain and cervical strain have been granted, but the initial ratings assigned are 10 percent for both conditions. The left knee disorder has also been granted with a noncompensable evaluation.

The Board denied service connection for a cervical spine disorder and tinnitus, finding that the veteran's current conditions are not related to his active military service.

The Board has determined that the effective date for a 20% disability rating for cervical strain cannot be earlier than June 28, 2003.

The Board has vacated the August 20, 2007 decision denying an earlier effective date for a 20 percent rating for cervical strain and remanded this issue to consider it de novo.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and a VA examination to determine the extent of his service-connected cervical sprain. The case will also be reviewed for extraschedular consideration due to individual unemployability.

The Board has reopened the claim of service connection for a cervical neck injury and finds that it is due to disease or injury incurred in service. The veteran's current DDD of the cervical spine is considered likely related to his military service.

The Board has determined that the veteran's left shoulder and neck disabilities were not incurred or aggravated by active service, and thus denied both claims.

The Board denied the veteran's claims for service connection for a left eye condition, cervical spine condition, low back condition, bilateral varicose veins, and scoliosis of the thoracic spine. The reasons were that there was no evidence linking these conditions to his military service or to any service-connected disabilities.

The veteran's cervical spine, left shoulder, and left knee disabilities are rated at the maximum allowed under current criteria. The right ankle disability is assigned a non-compensable rating. Service connection for right shoulder and right knee disabilities has been denied.

The veteran's appeal is being remanded for additional examinations to determine the extent of his service-connected conditions and their relationship to his military service.

The Board has determined that the veteran's squamous cell carcinoma of the tonsil, with cervical node metastases and cervical strain with radiation to the left upper extremity did not develop as a result of his military service or exposure to Agent Orange. As such, these conditions are denied.

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

The Board has remanded the case due to insufficient medical evidence to determine if the veteran's current conditions are related to service. The case will be returned for further development.

The Board denied the veteran's claims for higher ratings for his right ankle sprain and cervical spine disability, finding that the evidence did not support a rating in excess of 10 percent.

The veteran's service-connected disabilities, which include right below the knee amputation associated with hypertension with atrial fibrillation and degenerative joint disease of the lumbar spine, render him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to a total disability rating based on individual unemployability due to these conditions.

The Board found that the appellant does not have a cervical spine disorder resulting from disease or injury sustained or aggravated during any period of ACDUTRA or INACDUTRA with the Army National Guard, and thus denied service connection for this condition.

The veteran's claim for PTSD was denied as there is no evidence of a verified stressor, and the VA examiner found that he does not have PTSD.,Prior to December 20, 2006, the veteran's cervical strain did not meet the criteria for an evaluation in excess of 10 percent. As of December 20, 2006, his cervical strain met the criteria for a 30 percent evaluation.,The veteran's migraine headaches were found to not meet the criteria for an evaluation in excess of 10 percent.,The veteran's adjustment disorder with mixed anxiety was also found to not meet the criteria for an evaluation in excess of 10 percent.

The veteran's claims for service connection and higher evaluations were denied. The Board found that the evidence did not support a finding of osteoarthritis in multiple joints, including cervical spine, right knee, bilateral feet, hips, ankles, elbows, or hands.

The Board has ordered the case to be remanded for additional development, including providing the veteran with VCAA notice and obtaining VA examinations. The claims for increased rating, service connection reopening, and secondary service connection will be reconsidered after these actions.