Neck / cervical spine decisions — 2008

The veteran's appeal is remanded due to the need for additional medical records and a VA examination. The issues of service connection for left shoulder tear, cervical radiculopathy, and cervical myositis are being reviewed.

The Board has granted service connection for lumbar and cervical spine disabilities based on aggravation by the veteran's service-connected right knee disability.,Service connection was also granted for a left knee disability, but it remains pending as there is no opinion linking this condition to the service-connected right knee disability.

The Board has determined that the veteran's current neck disability is not related to his service, including an injury sustained while in active duty. Therefore, service connection for a neck disability is denied.

The veteran's initial rating for carpal tunnel syndrome of the right wrist remains at 10 percent, and her current evaluation for degenerative disc disease of the cervical spine is also 20 percent. Both conditions are rated based on their direct effects without any presumption or secondary service connection.

The Board has remanded the case to the RO for further proceedings consistent with a July 2007 decision by the United States Court of Appeals for Veterans Claims.

The Board has determined that there is no competent medical evidence to support the veteran's claims for service connection of a back disability, neck disability, and abdominal disability. As such, these claims are denied.

The Board has granted the veteran's claim for service connection of his anxiety disorder as secondary to a service-connected disability, specifically post-traumatic headaches. The right ankle, left knee, cervical spine, and post-traumatic headache ratings remain unchanged.

The Board denied service connection for a cervical spine injury, stomach problems, and chest pain due to lack of evidence linking these conditions to military service.,Service connection was not granted as there is no in-service diagnosis or chronic disability linked to the veteran's current conditions.

The Board has determined that the veteran's cervical spine disorder was not incurred in service and is not causally related to a service-connected disability. Therefore, service connection for this condition is denied.

The veteran's appeal is being remanded for additional development, including VA examinations and the retrieval of relevant records.

The Board has found new and material evidence to reopen the claim of service connection for residuals of a low back injury. However, there is no competent medical evidence showing current diagnoses or chronic disabilities of the foot, leg, hip, anxiety/depression, or PTSD.

The Board denied service connection for cervical spine degenerative disc disease and numbness of the arms, but granted a 20 percent evaluation for left lower extremity L5 radiculopathy.

The Board found that the veteran's back injury during service was a psychogenic musculoskeletal reaction with no organic basis, and any current cervical spine disability is not causally related to his active duty service.

The veteran's claims for higher initial disability ratings and service connection were denied. The Board found no evidence of a back, neck, right upper extremity, or left upper extremity disability.

The veteran's claim for a TDIU was denied as he did not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities. The effective date of his 100% rating for major depressive disorder is February 6, 2006.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a cervical spine disability.

The veteran's service-connected low back disorder, characterized by pain and severe limitation of motion, is rated at the maximum allowable under the General Rating Formula for Diseases and Injuries of the Spine. The initial rating for cervical spondylosis was also granted.

The veteran's cervical spine disability is currently rated at 10 percent, effective from September 8, 2003. The Board has determined that the criteria for a higher initial evaluation have been met.

The Board denied the claim for compensation under 38 U.S.C.A. § 1151, finding that the veteran's seizure and subsequent neck pain were not due to carelessness, negligence, lack of proper skill, error in judgment or a similar instance of fault on the part of VA.

The veteran's claim for a higher initial disability rating and an earlier effective date for service connection were granted. The current disability rating is 40 percent, effective May 31, 1995.