Neck / cervical spine decisions — 2007

The veteran seeks an increased rating for cervical dysplasia, which was previously granted but rated noncompensable. The RO must adjudicate a claim of service connection for residuals of a hysterectomy and then readjudicate the compensable rating claim.

The veteran's cervical disc disease, C-7 fracture was rated at 20 percent prior to September 23, 2002. The evidence does not support a higher rating during this period.

The Board has determined that the veteran's cervical spine disorder is not related to service and denied her claim for service connection.

The Board has remanded the veteran's claims for service connection for arthritis of the cervical spine and arthritis of the lumbar spine due to a lack of sufficient evidence in the record.

The Board denied the veteran's claims for service connection for low back and neck disabilities, as well as bilateral shoulder, right knee, and left knee disabilities. The evidence did not establish a nexus between these conditions and his military service.

The veteran's cervical spine disability is currently rated at 30 percent, and the Board has ordered a new examination to determine if his condition warrants an increased rating.

The Board has granted a 20 percent evaluation for residuals of a lumbar spine injury with degenerative disc disease effective January 31, 2005. The veteran's claim for an increased rating remains in appeal.

The veteran's cervical and lumbar degenerative disc disease have not resulted in more than moderate intervertebral disc syndrome or severe limitation of motion, respectively. Therefore, the claims for increased evaluations are granted.

The Board finds that the veteran's cervical spine disorder is not service-connected and denied his claim. The NOD regarding the denial of a higher rating for lumbar spine disability was timely filed.

The veteran's claims for increased disability ratings for cervical-dorsal strain and PTSD, as well as service connection for a lower left leg condition secondary to his cervical-dorsal strain, were denied by the RO. The veteran was not granted any new or additional benefits.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA orthopedic examination.

The veteran's claims for increased disability ratings for his cervical and dorsal spine arthritis are being remanded to the RO/AMC for additional development, including a VA examination.

The veteran's claims for service connection for left knee disability, cervical spine disability, and psychiatric disability (learning disability) have been denied. The right knee disability is not service connected.

The Board has determined that the veteran's left shoulder, cervical spine, and knee disabilities are not service-connected. The lumbar spine disability is granted with a rating of 10 percent from July 22, 1999 to December 18, 2002; 20 percent from December 19, 2002 to April 19, 2004; and 60 percent thereafter. The veteran's frostbite of the feet is rated as 20 percent disabling for each foot.

The Board denied service connection for cervical spondylosis with post-operative residuals of discectomy and fusion at C3-4 and C4-5, avascular necrosis of the hips, and residuals of a herniated nucleus pulposus of the lumbosacral spine with residuals of a compression fracture of the 1st lumbar vertebra. The veteran's conditions were found to be not incurred in or aggravated by service.

The Board has denied the veteran's claims for service connection for degenerative arthritis of the spine, cervical spine disability with arthritis, and bilateral shoulder disability. The claims for increased ratings for low back pain, right inguinal hernia repair, hemorrhoids, and chronic prostatitis have also been denied.

The Board denied the veteran's claims of entitlement to increased ratings for hypothyroidism and service connection for patello-femoral syndrome, right knee; sinusitis; sore joints (undiagnosed illness); cervical spine degenerative arthritis (undiagnosed illness); and edema (claimed as fluid retention in legs).

The veteran's service connection claims for upper respiratory infections, bronchitis, sinusitis, left wrist strain, osteophytes of the right hip, gastritis, degenerative changes and degenerative disc disease of the thoracolumbar spine, spondylitic disc disease of the cervical spine, tendonitis of the left elbow, and tendonitis of the right elbow have been granted. The veteran's claim for a higher initial evaluation for his service-connected conditions has also been granted.

The Board granted the veteran's motion to vacate that part of its September 2007 decision, which denied service connection for herpes zoster to include as secondary to a disability of the cervical spine. The other issues were not addressed due to procedural errors.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a cervical spine disability. The claim is now reopened.