Neck / cervical spine decisions — 2008

The veteran's claims for service connection for low back, cervical spine and right hip disorders were denied as the evidence did not show that any of these conditions were incurred in or aggravated by active service; nor was it shown that any arthritis was presumed to have been incurred therein; nor was it shown that any disability was proximately due to or the result of a service-connected disability.

The veteran's migraine headaches are not prostrating, and the cervical spine disability does not meet criteria for a higher evaluation. However, service connection was granted for residuals of a right ankle sprain.

The veteran's claims for service connection for lumbar and cervical spine disorders, dental trauma, and an initial compensable evaluation for bilateral hearing loss are being remanded for further development.

The Board denied service connection for degenerative joint disease and disc disease of the cervical spine, as well as nerve damage of the cervical spine, finding no evidence of a causal association between these conditions and the veteran's military service.

The veteran's PTSD was rated at 50 percent from February 2004 until August 2007, while the ratings for DDD of the lumbar and cervical spine remained unchanged.

The veteran's degenerative disc disease of the cervical spine is manifested by chronic pain, some moderate limitation of range of motion with pain and modest shoulder and left arm numbness and tingling without ankylosis, no incapacitating episodes that require bed rest prescribed by a physician and treatment by a physician, or other significant impairment. The criteria for a disability evaluation greater than 20 percent have not been met.

The Board denied the claims as not well grounded; there has been no timely filed motion to re-adjudicate in accordance with the Veterans Claims Assistance Act of 2000.

The veteran's cervical spine disorder was rated at 20 percent for the period beginning on February 20, 2003, and an initial evaluation in excess of 50 percent for a scar of the anterior portion of the neck associated with the cervical spine disorder was not granted.

The Board denied the veteran's claims for service connection for cervical and thoracic spine disorders, finding that new and material evidence had not been submitted to reopen his claim of entitlement to service connection for a lumbar spine disorder. The case is being remanded for further adjudication.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant.

The Board has determined that the appellant does not have a current chronic thoracic spine disorder, and his claims for chronic neck disability and right upper extremity disorders are denied as they are not related to service.

The veteran's claim for an extension of a temporary total rating based on the need for convalescence was denied, as well as claims for increased ratings for degenerative disc disease (DDD) of the cervical spine.

The Board has determined that the veteran does not have any of the claimed conditions and, therefore, service connection is denied for all issues.

The Board found no evidence of a nexus between the veteran's current disabilities and his service, thus denying all claims for service connection.

The Board found that the veteran's cervical fracture does not warrant a disability rating greater than 30 percent under Diagnostic Code 5240 for the entire period of the claim, as forward flexion was shown to be 10 degrees at worst and there is no evidence of unfavorable ankylosis.

The Board has granted service connection for a cervical spine disorder.

The veteran's claims for secondary service connection and increased ratings are being remanded due to insufficient evidence.

The Board has reopened the veteran's service connection claim for a cervical spine/upper back disorder, but further development is needed to address the merits of the claims and provide proper VCAA notice.

The VA denied a rating in excess of 20 percent for the veteran's degenerative disc disease of the cervical spine.

The Board has determined that the veteran does not have a current diagnosis of hypertension, cervical spine disability, or lumbar spine disability. Therefore, service connection for these conditions is denied.