Neck / cervical spine decisions — 2008

The Board found no evidence to support the veteran's claim that his current cervical spine disability is related to service, including his alleged in-service injury during reserve duty. The Board concluded that the veteran did not meet the criteria for service connection.

The Board of Veterans' Appeals (BVA) has denied the veteran's claim for service connection for a cervical spine disorder due to lack of evidence linking the condition to his military service.

The veteran has withdrawn his appeals for the increased evaluations of degenerative disc, lumbosacral spine with scoliotic deformity and spondylolisthesis L5 on S1, right sciatica, and osteoarthritis of the cervical spine.

The Board has determined that the appellant meets the criteria for financial assistance in the purchase of an automobile and adaptive equipment or adaptive equipment only due to permanent impairment of vision in both eyes resulting from service-connected glaucoma.

The Board has determined that the veteran's claimed disabilities, including bilateral knee disability (claimed as osteoarthritis of the knees), bilateral hand disability (claimed as carpal tunnel syndrome), and cervical spine disability (claimed as C3-C6 spondylosis), were not incurred in or aggravated by service.

The Board has determined that the veteran's service-connected ankle disabilities played a material causal role in his death, and therefore grants service connection for the cause of the veteran's death.

The Board has granted service connection for cervical muscle spasm and assigned a 10 percent rating. A separate rating for limitation of motion of the cervical spine is also granted, but no additional rating is given as compensable symptoms are not shown.

The veteran's additional physical disability, including right C5-6 cervical radiculopathy and psychiatric disorder, is not deemed to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA. The Board finds that there was no event not reasonably foreseeable.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by service, nor is it otherwise related to service. The claim for service connection for a psychiatric disability, including PTSD and depression as secondary to service-connected low back disability, is remanded.

The Board found that the veteran's degenerative disc disease of the cervical and lumbar spine had its onset during service, granting his claim for service connection.

The Board has granted higher initial ratings for the veteran's service-connected lumbar and cervical spine disabilities, with effective dates back to July 18, 2007.

The veteran's appeal involves his cervical spine disability, including a claim for an earlier effective date and TDIU. The Board has determined that additional development is needed due to the complexity of the issues.

The veteran's claim for an earlier effective date for TDIU was granted, with the effective date set at June 6, 1991. The veteran met the criteria for TDIU as of that date due to her service-connected disabilities.

The Board denied the veteran's claims for service connection for back disability, right thumb disability, and dental disorder. The evidence did not support a finding of service connection for any of these conditions.

The Board has reopened the veteran's claims for service connection for cervical spine and left shoulder disorders due to new evidence submitted since the May 1977 denial. The Board found that a pre-existing cervical spine disorder was aggravated during active service.

The veteran's claims for increased ratings for cervical spine and radiculitis conditions have been granted, with the effective date being from March 10, 1998.

The veteran's claims for higher ratings for cervical and lumbosacral spine disabilities, as well as a compensable rating for cutaneous neuritis of the left thigh, were denied. The claim for service connection for migraine headaches was also denied.

The veteran's initial evaluations for his toe and cervical spine disabilities have been granted, but the Board has determined that he is not entitled to higher ratings based on the severity of his conditions.

The Board found that the veteran's spinal disorders did not warrant a higher rating prior to January 18, 2000. The RO had previously denied increased ratings for cervical and lumbosacral spine conditions in June 1997 and October 1998, respectively. After reviewing medical evidence from January 18, 2000, the RO determined that the veteran's symptoms more nearly approximated the requirements for a 60 percent evaluation.

The Board has determined that the veteran's degenerative joint disease of the cervical spine warrants a 10 percent rating, as it results in moderate to moderately severe functional loss with forward flexion not greater than 30 degrees and combined range of motion not greater than 170 degrees.