Neck / cervical spine decisions — 2008

The Board has determined that the veteran's current cervical strain is related to her military service and grants her claim for service connection.

The Board has remanded the veteran's claims due to insufficient development and need for medical nexus opinions regarding his current back disabilities.

The veteran's DJD of both knees, right knee, and left knee were all rated at 10 percent prior to August 23, 2004. Since then, the right knee was rated at 10 percent for extension limited to 10 degrees, but not more than 15 degrees or flexion limited to 45 degrees. The left knee was also rated at 10 percent for similar reasons. The lumbar spine syndesmophyte with anterolateral bony osteophytosis at L2, L3, L4, and L5 did not meet the criteria for a compensable rating prior to September 26, 2003. Since then, the cervical spine strain with paramedial herniated nucleus pulposus and impingement was rated as noncompensable due to forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees. The post-operative residuals of the right shoulder (major) were also rated at a noncompensable level. Finally, the veteran's bronchitis was rated at a noncompensable level prior to February 21, 2008, and since then, it has been rated as noncompensable.

The Board denied service connection for an acquired psychiatric disorder and cervical spine disability, finding that the evidence did not support a causal relationship to service or any incident of service.

The Board has remanded the case for further development, specifically a VA examination addressing the etiology of the claimed disability. The veteran missed his scheduled VA examination and now requests rescheduling.

The Board found that the veteran's current spine disorders were not related to service and denied his claims for service connection.

The Board has determined that the evidence is at least in equipoise, and therefore, service connection for residuals of a cervical spine injury is granted.

The Board has granted service connection for a cervical spine disability, finding that the condition is at least as likely as not related to military service.

The veteran's injuries were not caused by VA hospital care, medical or surgical treatment, or examination. The Board denied compensation under 38 U.S.C.A. § 1151 for left shoulder, left knee, and cervical spine disabilities.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on being housebound as he does not have a single service-connected disability rated as 100 percent disabling.

The Board has determined that the veteran's cervical spine disability was not incurred in service and denied his claim.

The Board found no evidence of a current cervical, thoracic, or lumbar spine disability related to service. The left shoulder and right leg conditions were also not shown to be related to service.

The Board denied increased ratings for lumbar and lower thoracic myositis and left arm cervical radulopathy.

The veteran's service-connected conditions have been rated appropriately, with the highest rating of 10 percent for bilateral plantar fasciitis and a 20 percent rating effective from September 26, 2003, for degenerative arthritis in the cervical and thoracic spine.

The Board has reopened the veteran's claims for service connection for a cervical spine disability and denied the claim for left shoulder arthritis. The cervical spine disability is found to be related to active 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 Board has remanded the veteran's claims for additional development, including obtaining medical records and scheduling examinations to assess his service-connected cervical spine and left shoulder disabilities.

The Board has granted service connection for degenerative joint disease of the cervical spine, finding that it was shown to a degree of at least 10 percent within one year of the veteran's separation from active military duty and presumed due to his in-service motor vehicle accident.

The Board has determined that the veteran's claimed disabilities are not related to his military service and have denied each of his claims for service connection.