Neck / cervical spine decisions — 2008

The veteran's lumbar strain disability has been rated at 20% since March 21, 2008. His cervical spine and flat feet disabilities remain rated at 10%. The Board granted the increased rating for the lumbar strain.

The veteran's cervical spine disability is rated at 20 percent, the maximum schedular evaluation for orthopedic manifestations of degenerative disc disease. The claim for an earlier effective date was withdrawn by the appellant.

The veteran's appeal is being remanded for further development of her service-connected disabilities, including a spine and feet examination.

The Board denied service connection for a disability of the cervical segment of the spine, finding that there was no evidence linking the current condition to military service.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claims for service connection for DDD of the cervical and lumbar spine and impotency.

The veteran's claims for increased evaluations and service connection were denied. The Board found no evidence of a skin disorder due to herbicide exposure, or significant impairment in the joints and gastrointestinal system that would warrant higher ratings.

The Board denied the veteran's claims for service connection for PTSD, a psychological disability due to alcohol dependency, and a neck disability. The evidence did not support these claims.

The Board has determined that the veteran's tinnitus and cervical spine disorder were incurred in service, with reasonable doubt resolved in his favor. Service connection is granted for these conditions.

The Board denied the veteran's claims for increased ratings for cervical spine strain, left knee strain, and left shoulder strain. The claim for an increased rating for Addison's disease was also denied as there were no objective manifestations of the disability.

The veteran's initial claim for increased ratings for cervical myositis and gastritis was granted, with the rating for cervical myositis being increased to 20 percent effective March 20, 2007. The veteran is currently rated at 10 percent for gastritis.

The veteran's appeal for increased ratings on PTSD, cervical spine arthritis, right shoulder arthritis, and left shoulder arthritis has been dismissed. The Board finds that the earlier effective date for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted from May 19, 1994.

The Board has remanded the case for further development, including obtaining a VA medical examination and opinion regarding service connection for degenerative joint and disc disease of the cervical and thoracic spine. The veteran's claim for increase on his gunshot wound to the thoracic spine region is also being remanded.

The Board found no evidence of a chronic cervical spine disability in service or within one year after separation from service.,There is no medical evidence linking the veteran's current bilateral knee strain to his military service.

The veteran's service-connected disabilities effectively preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. The Board has dismissed the appeal for special home adaptation as the veteran withdrew his appeal at the July 2007 hearing. Entitlement to specially adapted housing is granted.

The Board has determined that the veteran's claimed conditions are not related to her active service and have denied all of her claims.

The Board denied the veteran's request to reopen his previously denied cervical spine degenerative disc disease service connection claim as he did not submit new and material evidence.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death from cardiopulmonary arrest and COPD.

The Board found no evidence of a chronic left shoulder or cervical spine disability in service, and the veteran's current disabilities are not related to his military service. Therefore, service connection for these conditions is denied.

The veteran's appeal has been dismissed as she requested withdrawal of her appeal.

The Board denied service connection for tinnitus and did not grant an earlier effective date for the cervical spine disability.