Neck / cervical spine decisions — 2008

The Board found that the veteran's claimed arthritis in multiple joints is not related to his active service and denied the claim.

The VA denied a rating in excess of 20 percent for the veteran's service-connected cervical spine disability, finding that it did not meet the criteria for such an increase based on current symptoms and limitations.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling examinations.

The Board denied the veteran's claims for service connection for fungus of the feet and chest, compound fracture of the cervical spine, and low back disability. The evidence did not show a current diagnosis or link to military service.

The Board denied service connection for the claimed conditions, finding that they were not incurred or aggravated by service.

The Board denied service connection for diverticulitis and an increased rating for spastic torticollis, but granted a higher initial rating of 30 percent for multi-level cervical spine spondylosis with cervical muscle strain effective December 5, 2005. The veteran's appeal is dismissed.

The Board has determined that the veteran's current cervical degenerative joint/disc disease is not related to his time in service and denied his claim for service connection.

The Board has determined that the veteran does not have a neck or low back disability related to his service, and thus denied both claims for service connection.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for lumbar strain. Service connection is granted.,A cervical condition was not incurred in or aggravated by service, but the veteran currently suffers from a chronic cervical condition.

The Board has decided to remand the case for further development, including a VA examination to determine the etiology of the veteran's spine disorders.

The veteran's claimed conditions, including hypertension, residuals of cardiac bypass surgery, arthritis of the cervical spine, and a head injury with residual headaches, were not shown in service or for several decades following separation. The Board finds that these conditions are not related to active service.

The Board denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, cervical and lumbar disorders, retained metal in the left knee, right ankle injury residuals, and unspecified right foot disorder (history of plantar warts). The appeals were all denied as new and material evidence had not been submitted to reopen these claims.

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 disorder. However, the claim was denied as there is no evidence showing a direct or secondary relationship between his current cervical spine disorder and his active service.

The veteran's postoperative residuals of a cervical spine injury are currently rated at 30 percent, which is the maximum schedular rating available.,The veteran's radicular symptoms of the left upper extremity have been granted an initial evaluation of 30 percent.

The veteran's lumbosacral strain-myositis and cervical strain-myositis were rated at 20 percent and 10 percent, respectively. The Board found that a higher rating was not warranted for either condition based on the evidence of record.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's cervical spine disability had its onset during service.

The veteran's service-connected cervical spine disability has been consistently productive of no more than moderate limitation of motion with intermittent pain and painful motion. At no time was it manifested by severe intervertebral disc syndrome, severe limitation of motion, incapacitating episodes, separately ratable neurological symptoms, forward flexion limited to 15 degrees or less, or ankylosis. Therefore, a rating in excess of 20 percent is not warranted.

The veteran's claim for an increased rating for his service-connected cervical spine disability is being remanded due to the need for additional evidence and procedural development, including a VA examination and consideration of the previous criteria for rating cervical spine disabilities.

The veteran's claims for increased evaluation and service connection are being remanded due to the need for additional VA examinations.,The veteran's claim for an initial compensable evaluation for left ear sensorineural hearing loss is being remanded due to the need for additional VA examinations.,The veteran's claim for service connection for right ear sensorineural hearing loss is being remanded due to the need for additional VA examinations.,The veteran's claims for service connection for a bilateral eye disability and psoriasis are being remanded due to the need for additional VA examinations.,The veteran's claim for service connection for a bilateral hip disability, secondary to his cervical spine disability, is being remanded due to the need for additional VA examinations.,The veteran's claim for service connection for a bilateral leg disability, secondary to his cervical spine disability, is being remanded due to the need for additional VA examinations.

The veteran's service-connected disabilities, including cervical spine fracture with arthritis and disc disease, rated as 40 percent disabling; and chondromalacia patella of the right knee with probable patellar tendon rupture, rated as 20 percent disabling, render him unable to secure or follow a substantially gainful occupation. The Board has granted consideration for an extra-schedular TDIU evaluation.