Neck / cervical spine decisions — 2007

The veteran's claims for increased evaluations for his service-connected spine disabilities were denied as the evidence did not show that his conditions warranted a higher evaluation.

The Board has denied the veteran's claim for service connection for a cervical spine disability, finding that there is no evidence of an in-service injury or disease and that any current disability is not related to service.

The Board has remanded the case for a VA orthopedic examination to diagnose any cervical and lumbosacral spine disabilities, if present, and to provide an opinion on their etiology. The veteran's service records show complaints of neck and back pain but no current diagnoses were made until after service.

The Board has determined that the veteran's low back disability and cervical spine disability are causally related to his active duty service.

The Board has granted service connection for lumbosacral strain and degenerative changes of the lumbar spine, cervical strain and degenerative changes of the cervical spine, paresthesias of both lower extremities, and residuals of cerebral concussion. The veteran's current disabilities are related to his in-service injuries.

The Board found no evidence of scoliosis in service and denied the veteran's claim for service connection for this condition. The Board also found insufficient evidence to establish a link between current degenerative disc disease of the cervical spine and lumbar spine and service, leading to denial of these claims.

The veteran's appeal is being remanded for additional development, including proper VCAA notice and a contemporaneous VA examination.

The Board found no evidence of a chronic injury in service and concluded that the veteran's current cervical spine condition did not have its onset during her military service. The claim for service connection was therefore denied.

The Board has determined that the veteran's neck and back disabilities, as well as his bilateral foot disability, are related to service. Service connection is granted for these conditions.

The Board has determined that the veteran does not have diverticulitis related to active service and denied his claim for service connection. The lumbar spine disability is also denied as there is no evidence of a relationship between the current disability and military service.

The veteran's service-connected disabilities do not preclude substantially gainful employment, and therefore he is not entitled to a total rating based on individual unemployability.

The Board has determined that there is no evidence to support a finding of secondary service connection for the veteran's cervical spine disability or bilateral hip disability, as they are not caused by his service-connected low back condition.

The veteran's service connection claims for bacterial infection with diarrhea, parasitic infection with diarrhea, and typhus infection with diarrhea were denied. The veteran was granted initial compensable ratings for DJD of the cervical spine C5/6 and C6/7 prior to May 20, 2004 (10%), and DJD of the lumbar spine (10%) since May 20, 2004. No other service connection claims were granted.

The veteran's initial increased ratings for cervical sprain and post-concussive headaches have been granted, as well as service connection for speech and comprehension difficulties (post-concussive) and cervical dysplasia. The effective dates are not specified.

The Board found no evidence of a chronic skin rash in service and denied the claim. For other conditions, additional development is needed to determine if they are related to service.

The veteran withdrew his appeal for an evaluation in excess of 20 percent for service-connected cervical strain, status post avulsion fracture of the cervical spine. The TDIU issue remains.

The veteran's appeal is being remanded for additional development due to conflicting medical evidence and the need for a comprehensive VA examination.

The Board denied service connection for an acquired psychiatric disorder and arthritis of the cervical spine. The veteran's claims were remanded, but no further development was completed before this decision.

The veteran's initial claim for a higher rating for cervical spine injury was denied as the evidence did not show severe limitation of motion prior to September 26, 2003. The RO assigned the highest possible schedular evaluation (20%) effective from August 14, 2000.,The veteran's initial claim for a higher rating for fibromyalgia was denied as she already received the maximum schedular evaluation (40%) effective from August 14, 2000. The RO found no evidence of exceptional disability picture.

The Board has determined that the veteran's low and upper back disorders are not related to his military service, and thus denied these claims.