Neck / cervical spine decisions — 2008

The Board denied an initial rating in excess of 10 percent for right shoulder strain with degenerative changes and a rating in excess of 40 percent for lumbosacral strain, disc disease, and traumatic arthritis. It granted an initial staged rating of 20 percent for cervical strain, myositis and disc disease from May 14, 1997, and 10 percent for right foot injury with traumatic arthritis, great toe metatarsophalangeal joint fracture from May 14, 1997. It also granted an initial staged rating of 10 percent for a scalp scar effective October 26, 2006.

The Board denied service connection for carpal tunnel syndrome of the right and left wrists, as well as a cervical spine disability, finding that these conditions were not incurred in or aggravated by active service.

The Board denied entitlement to service connection for thoracic spine disability and determined that new and material evidence had not been received to reopen a claim of entitlement to service connection for cervical spine disability.

The Board denied service connection for the veteran's claimed conditions as there was no evidence of a current disability, in-service incurrence or aggravation of a disease or injury, and a nexus between the claimed in-service disease or injury and the present disease or injury.

The veteran's service-connected degenerative joint and disc disease of the cervical spine did not meet the criteria for a disability rating in excess of 20 percent for both periods.

The Board denied the veteran's claims for service connection and reopening of his claims for compensation under 38 U.S.C. § 1151 for lumbar and cervical spine disorders, as well as a claim for service connection for psychiatric disability.

The Board denied the veteran's attempt to reopen a claim for service connection for residuals of a cervical spine injury, as new and material evidence was not submitted.

The Board denied the veteran's claim for service connection for residuals of a cervical spine injury, as there was no evidence to support that his current condition was related to his active duty service.

The veteran's major depressive disorder was rated as 30 percent disabling prior to July 12, 2002, and then increased to 70 percent effective from that date.

The veteran's cervical strain and left shoulder tendinitis do not meet the criteria for higher ratings.

The veteran's current cervical spine disability with upper extremity weakness, diagnosed as degenerative changes of the cervical spine, with small central herniated disk, nerve apraxia, was aggravated by his military service.

The veteran withdrew his appeal for the issues of service connection for a bilateral eye condition, skin condition, cervical spine condition, right hand condition, and sinusitis; as well as the issues of whether new and material evidence has been received to reopen previously denied claims of service connection for headaches, head injury, and short term memory loss.

The veteran's claims for service connection for cervical spine and low back disabilities are being remanded for further development, including obtaining additional medical evidence.

The Board denied the veteran's claims for increased ratings for his service-connected low back and cervical spine disabilities, finding that the evidence did not support a higher evaluation under the applicable rating criteria.

The veteran is granted an effective date of September 15, 1993 for the grant of service connection for cervical and thoracic spine disabilities. The claim to reopen for tinnitus is also granted, and service connection for tinnitus is established.

The Board denied service connection for an anxiety disorder, sleep apnea, and a compensable evaluation for hypertrophic tonsils. The claims for service connection for cervical spine and lumbar spine disabilities were reopened but ultimately denied.

The veteran's heart disability manifested by atrial and supraventricular dysrhythmia with exercise clearly and unmistakably existed prior to service and was not aggravated thereby. The veteran is not shown to have a cervical spine condition, headaches, sinus condition, an innocently acquired psychiatric condition, low back condition, hiatal hernia with reflux or other stomach condition due to disease or injury that was incurred in or aggravated by active service.

The veteran's claim for service connection for a cervical spine disability was denied as there is no evidence linking the condition to his military service or any service-connected disability. The claim to reopen for basic eligibility to a nonservice-connected pension was also denied.

The Board denied an increased rating for postoperative residuals of right shoulder reconstruction and cervical and trapezius strain associated with right shoulder reconstruction, as the evidence did not support a higher evaluation.

The appeal is remanded to obtain additional evidence and further develop the claim.