Neck / cervical spine decisions — 2008

The veteran's claims for increased disability ratings for his service-connected knee disabilities and other conditions were denied.,Service connection was not established for fibromyalgia, residuals of a back injury, diabetes mellitus, gastroesophageal reflux disease (GERD), sleep apnea, chronic pain, atypical chest pain, psoriasis, arthritis of multiple joints, or cervical spine disability.

The Board has determined that the appellant's cervical myositis disability warrants a 20 percent evaluation, effective as of the date of the decision.

The Board has denied service connection for a ganglion cyst of the right wrist and is now remanding the issue of service connection for a bilateral shoulder disability to include as secondary to a service-connected cervical spine disability due to additional development.

The veteran's cervical and thoracic spine disabilities have been granted service connection, with a combined initial evaluation of 60 percent. The TDIU claim has also been granted.

The Board denied service connection for osteoarthritis of the cervical spine and bursitis (bilateral hips and elbows) as these conditions were not shown to be related to military service.

The Board has determined that the appellant was on inactive duty training at the time of his motor vehicle accident in March 1993, and therefore meets basic eligibility requirements for service-connected disability compensation benefits for injuries including cervical spine injury (claimed as broken neck), left shoulder injury, head injury, nose injury, and right facial injury.

The Board denied the veteran's claims of service connection for depression, breathing problems (including chronic obstructive pulmonary disease and rhinitis), erectile dysfunction, neck disability, sleep apnea, and increased rating for chronic back strain. The decision also addressed whether new and material evidence had been received to reopen previously denied claims.

The Board has remanded the case due to unavailability of service medical records and a need for further examination to determine if the veteran's current lumbar spine, cervical spine, and neck burn scars are related to his military service.

The Board has granted service connection for PTSD and found that the veteran's current symptoms are related to her wartime service. Service connection was also granted for a cervical spine condition, but further examination is needed as it relates to active duty.

The Board granted service connection for cervical spondylitis, assigned separate ratings for short-term memory loss and constipation, and denied the claim for a higher rating for low back disability.

The Board denied an increased rating for the veteran's residuals of a fracture of the cervical spine, finding that the current 20 percent rating adequately reflects his symptoms and functional limitations.

The Board has remanded the case due to new evidence being added to the record and a supplemental statement of the case needs to be issued.

The Board denied the veteran's claim for an effective date prior to March 30, 1996 for the assignment of a TDIU due to his service-connected disabilities.

The Board denied an increased disability rating for the veteran's cervical spine disability, finding that it did not meet the criteria for a higher rating prior to November 1, 2007, and thereafter in excess of 20 percent.

The veteran is seeking service connection for a cervical spine disability. The RO has certified that the veteran's STRs were destroyed in 1973, and he alleges an injury during service. However, there are no STRs indicating any specific incident or diagnosis related to his current condition. Post-service private treatment records show degenerative changes but do not establish a direct link to service. The RO has ordered a VA examination for the veteran's cervical spine disability.

The Board has determined that the veteran withdrew his appeal for sleep apnea, a blood disease due to Agent Orange exposure, pneumonia including due to Agent Orange exposure, lupus and positive lupus anticoagulant including due to Agent Orange exposure, and peripheral neuropathy including due to Agent Orange exposure. The skin disorder characterized as basal cell carcinomas of the face and actinic keratoses of the hands and face was not incurred in or aggravated by service.

The Board has granted a rating of 20 percent for cervical radiculopathy, C6-7, and denied the claim for a higher rating for left arm numbness.

The veteran's service-connected disabilities do not meet the criteria for vocational rehabilitation benefits under Chapter 31 of Title 38 of the United States Code due to a lack of an employment handicap.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's degenerative disk disease is related to his military service.

The Board denied the veteran's claims for service connection for chronic residuals of polyarticular septic arthritis, osteoarthritis of the cervical spine, and osteoarthritis of the right knee. The examiner found no direct link between these conditions and her active duty service.