Neck / cervical spine decisions — 2007

The Board found no evidence of a cervical spine disorder in service and denied the veteran's claim for service connection. The VA examiner did not provide sufficient opinions regarding whether the veteran's peripheral vascular disease is related to diabetes mellitus or service.

The Board found that the veteran's cervical spine fusion at C3-4 and C6-7 is a congenital defect, not related to service or service-connected conditions. Therefore, the claim for service connection was denied.

The veteran's claims for increased evaluations and TDIU were denied. The lumbar spine disability was granted a separate evaluation for mild incomplete sciatic nerve paralysis, left lower extremity through June 2, 2003.

The Board denied the veteran's claims for increased ratings and service connection, finding that new evidence did not establish a current disability or link to his service-connected right knee disability.

The Board has remanded the case due to incomplete information regarding the veteran's claimed stressors and insufficient notice on new and material evidence for reopening claims of service connection. The case will be returned to the RO for further development.

The Board has reopened the veteran's claims for service connection for neck, back and right shoulder disorders. However, further development is needed to determine the etiology of these conditions and whether they are related to service.

The VA denied an increased evaluation for the veteran's cervical spine disability, finding that his condition does not warrant a rating in excess of 40 percent.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for cervical and lumbar spine disorders, a right leg disorder, dysthymic disorder, migraine headaches, shortness of breath, vasomotor rhinitis, hemorrhoids, colon polyps, hypertension, left hand disorder, and carpal tunnel syndrome. The evidence submitted is either cumulative or does not relate to an unestablished fact necessary to substantiate the claims.

The veteran's claims for service connection for irritable bowel syndrome, chronic bronchitis, and a cervical spine disorder were denied. The claim for the skin rash was also addressed but not specified in terms of rating or effective date.

The VA denied the veteran's claim for service connection of a cervical (neck) disorder, finding no current disability and insufficient evidence to establish a link between his military service and any diagnosed condition.

The Board has determined that service connection is not warranted for any of the claimed disabilities.

The veteran's appeal has been dismissed as he requested to withdraw his appeal.

The Board has remanded the case to the RO for further proceedings, including scheduling a VA examination and requesting clarification of the veteran's employment history. The veteran is unemployable due to his service-connected disabilities as a whole.

The veteran was granted a 20% evaluation for her cervical spine disability effective March 7, 2005. The Board is remanding the issue of earlier effective date.

The veteran's claims for increased ratings for various spine and knee disabilities are being remanded due to the need for additional development.

The Board has denied the veteran's claim for service connection for fibromyalgia, myofascial pain syndrome, and cervicalgia as these conditions are not related to her active duty service or her service-connected left shoulder disability.

The Board has determined that additional development is needed to properly adjudicate the veteran's claim for service connection for a cervical spine disability with left shoulder involvement.

The Board has determined that additional development is required for the veteran's claim of service connection for cervical strain with arthritic changes, and the case is REMANDED to the RO/AMC.

The veteran's service-connected left shoulder disability is manifested by complaints of pain and moderately severe limitation of movement, but does not meet the criteria for a higher rating.,Prior to February 8, 2007, the veteran's cervical spine disability more closely resembles moderate intervertebral disc disease with recurring attacks. As of February 8, 2007, it does not resemble severe intervertebral disc syndrome or severe limitation of motion and is rated at 20 percent.,The veteran's lumbar spine disability prior to February 8, 2007 more closely resembles moderate intervertebral disc disease with recurring attacks. As of February 8, 2007, it does not resemble severe lumbosacral strain or severe intervertebral disc syndrome and is rated at 40 percent.,The veteran's left upper extremity radiculopathy prior to September 23, 2002 is equivalent to mild incomplete paralysis of the ulnar nerve. As of September 23, 2002, it is rated at 10 percent and remains so after April 28, 2003.,The veteran's right upper extremity radiculopathy prior to September 23, 2002 does not reach the level of mild incomplete paralysis of the ulnar nerve. As of September 23, 2002, it is rated at 10 percent and remains so after April 28, 2003.,The veteran's right leg radiculopathy prior to September 23, 2002 does not reach the level of mild incomplete paralysis of the sciatic nerve. As of September 23, 2002, it is rated at 10 percent and remains so after April 28, 2003.,The veteran's left leg radiculopathy prior to September 23, 2002 is equivalent to mild incomplete paralysis of the sciatic nerve. As of September 23, 2002, it is rated at 10 percent and remains so after April 28, 2003.,The veteran's left leg radiculopathy from April 28, 2003 to present is equivalent to mild incomplete paralysis of the sciatic nerve. It does not reach the level of moderate incomplete paralysis.

The veteran's appeal is being remanded for further development, including obtaining VA medical records and arranging for a spine examination to assess the severity of his service-connected cervical spine disability.