Neck / cervical spine decisions — 2008

The Board denied service connection for various conditions, including a head disability (to include headaches), low back disability, cervical spine disability, shoulder disability, and hearing loss. The reasons were not provided in the given text.

The veteran's claim for a total disability rating due to individual unemployability (TDIU) from November 4, 2004 to December 13, 2006 was denied as she did not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(a).

The Board has determined that further development is needed to determine the relationship between the veteran's current lumbar and cervical spine disabilities and his service, as well as whether new evidence supports reopening of the claims. The case is therefore being remanded for this purpose.

The Board has ordered a remand for the veteran's claims due to missing service treatment records from October 1973 to September 1977. The case will be returned to the RO for further development and readjudication.

The veteran's claims for service connection and increased ratings were denied. The TDIU claim was also denied.

The Board found no evidence of any service connection for the claimed conditions.

The veteran's cervical degenerative disc disease and thoracolumbar spine disorders are currently rated at 20 percent and 40 percent, respectively. The Board found that the evidence did not support a higher rating for either condition.

The Board denied the veteran's claims for service connection for bilateral knee disability, neck disability, bilateral shoulder disabilities, residuals of face trauma, and bilateral eye disability. The evidence did not show a link between these conditions and her military service.

The Board found that the veteran's back and neck disabilities were not incurred in service, nor are they related to a service-connected disability. Therefore, service connection for these conditions was denied.

The veteran's degenerative joint disease of the cervical spine with left radiculitis is currently rated at 40 percent, but does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.,The veteran's recurrent dislocation of the left shoulder with tendonitis and calcarea left subscapular muscle is currently rated at 40 percent, also without meeting the criteria for a higher rating.

The Board has determined that the veteran's pre-existing cervical spine disorder was aggravated by service, and therefore grants service connection for a cervical spine disorder.

The VA determined that the veteran's current cervical spine disability was not incurred or aggravated by his active service, and thus denied his claim for service connection.

The Board has determined that the veteran's cervical spine disability was aggravated by service, and granted service connection for it. The initial increased ratings for lumbar spondylosis involving right radiculopathy at S1 have been granted.

The Board finds that the veteran's cervical spine disorder was not incurred in or aggravated by service and is not related to his service-connected low back disability. The Board also finds that the veteran's degenerative disc disease of the thoracic spine was incurred as a result of active service.

The veteran has withdrawn all issues on appeal before the Board.

The Board has denied the veteran's claims for service connection for cervical spine disability, right elbow disability, bilateral hearing loss, tinnitus, and right knee disability. The effective dates requested by the veteran have not been granted.

The Board denied the veteran's claims for service connection for bilateral knee disability, neck disability, back disability, depression (claimed with extreme nightmares related to a car accident), and refractive error (blurred vision). The reasons include lack of evidence linking these conditions to service or any other compensable basis.

The veteran is factually housebound due to his service-connected PTSD with depression prior to September 28, 2005 and beginning July 1, 2006. Special monthly compensation based on housebound status has been granted.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for a cervical spine disorder. The veteran's current cervical spine problems are related to his military service, raising a reasonable possibility of substantiating the claim.

The Board has granted initial evaluations of 10 percent for the veteran's cervical strain, nonalcoholic fatty liver disease, chronic abdominal strain, and irritable bowel syndrome from March 5, 2005 to September 14, 2005.