Neck / cervical spine decisions — 2008

The Board denied ratings in excess of 20 percent prior to January 12, 2007 and in excess of 30 percent from that date for the veteran's cervical spine disability, as well as a rating in excess of 40 percent for low back disability. The claim for service connection for a right hip disorder was not addressed on the merits.

The appeal was remanded for the veteran to be scheduled for a hearing before a Veterans Law Judge.

The Board denied service connection for a bilateral eye disability, found that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for bilateral shin splints, and determined that a compensable rating was not warranted for hemorrhoids with a history of anal fissure.

The Board denied service connection for degenerative arthritis and disc disease of the cervical spine, degenerative joint disease of both wrists, and degenerative joint disease of both hips as these conditions were not related to the veteran's active military service.

The veteran's service-connected disabilities, rated at 60 percent combined, do not preclude him from obtaining or maintaining any regular substantially gainful employment.

The Board found that the veteran's current low back, headache, and neck disorders were not related to his active military service.

The appeal is remanded for a new examination to determine the current severity of the veteran's service-connected cervical spine disability, including any associated neurological impairment.

The Board denied service connection for PTSD, a neck disability, a back disability, and a left leg disability as there was no credible evidence of an in-service injury or incident that could be linked to the claimed disabilities.

The Board remands the veteran's claims for service connection for multiple disabilities, including a back disability with arthritis, neck disability with arthritis, bilateral foot disability with arthritis, chronic herpetic neuritis/ganglionitis (claimed as a bilateral leg condition and arthritis), residuals of a head injury, cortically based visual field loss and cataracts, to include as secondary to an in-service head injury, and seizures, to include as secondary to an in-service head injury, for further development.

The Board remands the case to obtain a more detailed medical opinion regarding the veteran's cervical spine disability and its potential connection to service.

The Board denied service connection for lumbar spine arthritis and cervical spine arthritis as the evidence did not show that these conditions were incurred in or aggravated by active military service, nor was there any evidence of arthritis manifesting to a compensable degree within one year of discharge.

The veteran's claim for an increased rating for sinusitis with headaches was granted, allowing a 30 percent rating effective November 16, 2004. The claims for higher ratings for lumbosacral paraspinous strain and DDD of the cervical spine were denied.

The veteran's claims for increased rating and secondary service connection were denied as the evidence did not support a higher disability rating or establish a causal link between his right knee disorder and the claimed conditions.

The Board remands the claims for a VA examination to determine if there is a current disability related to an in-service injury.

The Board granted service connection for a cervical spine disability, bilateral knee disability, left ankle disability, and bilateral foot disability as secondary to the veteran's service-connected lumbar intervertebral syndrome. The claims for a bilateral elbow disability, bilateral hand disability, bilateral shoulder disability, and right ankle disability were denied.

The veteran's facial scar residuals of skin cancer and disc narrowing of the cervical spine were evaluated, with ratings increased to 20 percent and 30 percent respectively from August 31, 2005.

The Board denied the veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence to support a link between his current condition and either his military service or his service-connected lumbar spine disability.

The veteran's cervical spine disorder was not incurred in or aggravated by active service or as secondary to his service-connected lumbar spine disability.

The veteran's claims for service connection for a cervical spine disorder and schizophrenia were denied, while the claim for service connection for thoracolumbar spine disorder was remanded. The veteran also has depression.

The Board denied service connection for cervical spine, lumbar spine, and knee disabilities as they were not incurred in or aggravated during the veteran's service.