Neck / cervical spine decisions — 2008

The Board denied service connection for a cervical spine disorder and sleep apnea. The veteran's cervical spine disorder was not shown to have manifested during service, and there is no evidence of continuity of symptomatology after service. Sleep apnea was found to be related to symptoms experienced in service.

The Board has granted service connection for a neck disability and an initial noncompensable evaluation for left ethmoid sinusitis. The veteran's neck disability is related to his service-connected headaches, while the sinusitis does not meet criteria for a compensable evaluation.

The veteran's claims for increased ratings for mechanical low back pain and cervical osteoarthritis have been denied as the evidence does not support a higher rating under the amended spinal regulations.

The Board found that the veteran's neck, left hand, and left thumb conditions were not incurred in or aggravated by his military service. The VA examiner concluded that these conditions are not related to service or to his service-connected left shoulder disability.

The Board has denied the veteran's claims for service connection for cervical scoliosis and cervical strain, finding that there is no current medical evidence of these conditions and that they are not related to his military service.

The Board has determined that the veteran's current disability of the cervical and thoracolumbar spine is related to his active military service, granting service connection for this condition.

The veteran's service-connected cervical spine arthritis is manifested by combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees, which does not meet the criteria for a higher disability rating.

The Board has remanded the case for further development, including obtaining new and material evidence to reopen claims for service connection for left knee disability, left wrist disability, and cervical spine disability. The VA will also obtain a medical examination of the veteran's neck.

The veteran's claims for increased ratings for cervical and dorsal spine disabilities were denied. The RO found that the disability did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board has denied the veteran's claims for service connection for left lower extremity neural impairment, sleep disturbances due to pain from service-connected disabilities, and headaches. The veteran's claim for increased rating for cholinergic urticaria was also denied.

The veteran's service-connected cervical spine disorder resulted in a rating of 10 percent prior to November 1, 2007. After that date, the disability was rated at 20 percent. The veteran is not entitled to higher ratings for his cervical spine disorder.

The Board denied the veteran's claims for increased ratings for diabetes mellitus and service connection for traumatic arthritis of the cervical and lumbar spine, finding that there was no evidence to support these claims.

The Board finds that the veteran's degenerative disc disease and degenerative joint disease of the cervical spine were incurred during his active duty service.

The Board has determined that the veteran is unable to obtain or maintain substantially gainful employment due to his service-connected disabilities, and thus grants a total disability rating based on individual unemployability.

The Board has remanded the case for further development, including obtaining medical records and providing an orthopedic examination to determine if the veteran's cervical spine disorders are related to his time in service or secondary to his service-connected mechanical low back pain with sacro-iliac arthritis.

The Board found that a cervical spine disorder was not incurred or aggravated by service and is not related to any in-service injury. The claim for service connection was denied.

The veteran's lumbar spine disability was rated at 40 percent effective December 5, 2005 and in excess of 20 percent effective December 29, 2006.,The veteran's cervical spine disability was rated at 20 percent effective December 5, 2005 and in excess of 10 percent effective August 1, 2002.,The veteran's thoracic spine disability was rated at 10 percent effective August 1, 2002.

The Board denied the veteran's claims for service connection for a cervical spine disorder and increased ratings for post-traumatic headaches and scar over the right eye. The veteran's claim for service connection was not granted, as there is no evidence linking his current condition to his military service. His rating for post-traumatic headaches from March 1, 2001 through June 22, 2006 was increased to 50 percent, and the ratings for scar over the right eye were maintained at 30 percent prior to August 30, 2002 and then reduced to 30 percent from that date.

The Board has determined that the veteran's cervical spine disability is attributable to service and grants service connection for this condition.

The Board denied the veteran's claims for increased evaluations for his service-connected cervical and thoracolumbar spine disabilities, as well as systemic osteopenia. The conditions are rated based on their current manifestations without any presumption or secondary theory of service connection.