Neck / cervical spine decisions — 2008

The Board has remanded the case for additional development, including obtaining VA treatment records and providing VA examinations to determine the nature and etiology of any current neck disability and residuals of a lumbar puncture.

The Board denied the veteran's claim for an increased disability rating for his service-connected cervical spine disability, currently rated at 30 percent.

The veteran's initial disability ratings for degenerative disc disease of the cervical spine and lumbar strain with sciatic pain have been granted, but both conditions are rated at 10 percent. The rating has been increased to 20 percent effective April 9, 2008.

The Board has granted a 40 percent rating for the veteran's service-connected cervical spine disability, which is the maximum rating provided under the General Rating Formula for service connected disabilities limited to the cervical spine.

The Board found that the veteran's degenerative disc disease of the cervical spine pre-existed service and was not aggravated by active duty, thus denying service connection. The veteran's bilateral hearing loss did not meet the criteria for a compensable rating.

The veteran's right wrist condition is denied as there is no current diagnosis.,Service connection for a herniated disc, cervical spine, is granted based on continuity of symptoms since service.

The veteran's service-connected degenerative disc disease of the cervical spine, C5-C6, was granted a 10 percent disability rating effective May 28, 2008.

The Board has denied the veteran's claims for service connection for neck disability, seizure disorder as a residual of a head injury, brain damage as a residual of a head injury, and headache disorder as a residual of a head injury due to lack of credible evidence linking these conditions to military service.

The Board found that the veteran's cervical spine disability did not have onset during service or within one year of service, is not etiologically related to his service, and was not caused or aggravated by his service-connected lumbar spine disability. Therefore, service connection for a cervical spine disability is denied.

The veteran's claim for an earlier effective date, increased rating, and extension of a temporary total disability rating were granted. The initial rating was set at 20 percent.

The veteran's claim for an initial evaluation in excess of 10 percent disabling for service-connected left knee injury with traumatic arthritis is denied. The disability does not meet the criteria for a higher rating based on limitation of motion or other diagnostic codes.

The veteran's initial claim for a higher evaluation prior to September 26, 1994 was denied as the evidence did not establish that he had more than mild limitation of motion of the cervical spine.

The Board denied the veteran's claims for service connection for tinnitus, a cervical spine disability, and residuals of a head injury. The initial compensable rating claim for bilateral hearing loss was also denied. The claim for an increased rating for degenerative arthritis of the upper lumbar spine was not addressed as it is no longer on appeal.

The Board has determined that the veteran's cervical spine and right shoulder conditions do not warrant a higher rating based on current medical evidence, which does not show ankylosis or other severe impairment.

The Board has determined that the veteran's back, neck, bilateral shoulder, and bilateral leg disabilities are attributable to his period of active service. Service connection is granted for these conditions.

The veteran's service-connected disabilities render him unable to obtain or retain substantially gainful employment.

The Board found that the veteran's current disabilities of the lumbar and cervical spines are not causally related to his active military service, as there was no diagnosis of chronic disability during or within one year after service. The preponderance of evidence does not support a finding that these conditions were incurred in service.

The Board found that the veteran's cervical spine disability was not incurred or aggravated during his active service, including any period of ACDUTRA or INACDUTRA. The VA examiner concluded that the current cervical spine disorder is less likely than not related to the December 1995 in-service fall.

The Board has determined that the veteran's current low back disability is causally related to service, and thus grants service connection for postoperative fusion of the lumbosacral spine.

The veteran's initial ratings for cervical and lumbar spine disabilities were increased to 20 percent effective April 14, 2008.