Neck / cervical spine decisions — 2007

The veteran's left knee arthritis is service-connected and granted a 10% rating effective April 13, 2005.,Service connection for lumbar spine injury and cervical spine injury was denied. The veteran's pes planus disability remains non-compensably disabling.

The veteran's claim for an increased rating for her cervical spine disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's claims for higher initial ratings for her right knee disorder, cervical spine disorder, gastroesophageal reflux disease, and hemorrhoids were denied. The RO assigned a 10% rating to each condition.,Service connection was not granted for carpal tunnel syndrome.

The veteran is granted service connection for Ehlers-Danlos syndrome and its associated joint disabilities, but denied service connection for valvular heart disease.,Service connection was not granted for residuals of rheumatic fever as the condition preexisted service.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the right shoulder and cervical spine disorder, both as secondary to his service-connected lumbosacral spine disability. The evidence did not establish a link between these conditions and his service-connected condition.

The Board denied the veteran's claims for a compensable rating for degenerative disc disease of the thoracic spine and service connection for degenerative disc disease of the cervical spine, finding that the evidence did not support the presence or relationship to service.

The Board is remanding the case for additional development, including obtaining medical records and potentially providing a VA examination regarding the veteran's back and neck disabilities. The veteran will be provided with a supplemental statement of the case if his claims are not granted after this additional development.

The Board has determined that the veteran's residuals of a whiplash injury of the cervical spine are manifested by objective evidence of disc disease, radiating pain to each arm, and worsening pain with heavy lifting or repetitive use-producing functional impairment comparable to severe intervertebral disc syndrome with intermittent relief. The criteria for a disability rating of 40 percent for residuals of a whiplash injury of the cervical spine have been met.

The veteran's claims for service connection for degenerative joint disease of the thoracic spine, arthritis of the right hand, and arthritis of the right elbow were denied. The remaining issues are not addressed in this decision.

The veteran's residuals of herniated discs at the level of the 4th and 5th, and 5th and 6th cervical vertebrae have been found to cause severe limitation of motion. The Board has determined that a 30 percent evaluation is warranted for this condition.

The Board denied the veteran's claim for an earlier effective date for a TDIU due to his service-connected cervical spine disability, finding that the RO properly assigned the effective date of October 26, 1998.

The veteran's lumbosacral spine disability is granted, and the cervical spondylosis with stenosis claim is pending. Secondary service connection for peripheral neuropathy and erectile dysfunction are also pending.

The Board has ordered additional development due to the need for a VA examination to determine if the veteran has a cervical spine disorder as a result of service or a service-connected disability, and whether it is at least as likely as not that he has a cervical spine disorder caused or aggravated by his service-connected disabilities (lumbosacral sprain and dislocated left shoulder).

The veteran's PTSD is rated at 50 percent, but his TDIU and tinnitus claims were denied.

The VA determined that the veteran's degenerative joint disease of the cervical spine does not warrant a rating higher than 20 percent.

The veteran's claim for an increased rating for his cervical spine disability is being remanded due to insufficient information in the claims file regarding the condition of his cervical spine subsequent to surgery. The veteran will be scheduled for a VA examination to determine the nature and extent of his service-connected cervical spine disability.

The Board has reopened the veteran's claim and determined that new evidence supports a finding of service connection for residuals of neck injury, including disc disease of the cervical spine. The medical opinion provided by a VA physician indicates that these conditions are related to an in-service neck injury.

The veteran's service-connected cervical spine disability with chronic strain is productive of moderate limitation of motion, and the Board has determined that a rating of 20 percent (but no higher) for this condition is warranted.

The Board has denied the veteran's claims for service connection of neck, back, and knee disabilities. The claim for hearing loss was not reopened due to lack of new and material evidence.

The Board has determined that the competent and probative medical evidence of record is against a finding that the veteran's current disabilities are related to his military service.