Neck / cervical spine decisions — 2008

The veteran's service-connected disabilities, including a left knee disability rated at 60 percent disabling; residuals of a neck disability rated at 10 percent disabling; COPD rated at 10 percent disabling and residuals of a nose fracture rated noncompensable, render the veteran unemployable. The Board finds that entitlement to individual unemployability is warranted.

The Board finds that the veteran does not have any of the claimed conditions diagnosed in service or within one year after discharge, and there is no competent medical evidence linking these conditions to his military service. The claim for asbestos-related lung disease also fails as there is no competent medical evidence of a current disability related to asbestos exposure.

The Board has determined that the veteran's cervicalgia was not caused by VA medical care, and therefore does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's currently diagnosed cervical DDD, claimed as residual neck injury, did not manifest in service or within a year thereafter and is not shown to be causally related to any incident or injury in service.

The Board has determined that the appellant does not have service connection for any of his claimed conditions, including PTSD and cancers, due to lack of evidence showing a relationship between these conditions and his military service. The claim is denied.

The Board found no evidence of a current upper spine condition or any link between the veteran's service-connected lumbar herniated nucleus pulposis and his claimed conditions. The claim for an upper spine condition was denied.

The veteran's combined rating is 70 percent, but his service-connected disabilities do not render him unemployable.

The veteran's cervical disc disease is currently rated at 20 percent, but the VA examiner found that it does not meet the criteria for a higher rating due to limitations in range of motion. The lumbar spine injury with traumatic arthritis also did not meet the criteria for a higher rating.

The veteran's claim for service connection for bilateral hearing loss disability, tinnitus, left hamstring disability, neck disability and low back disability was denied as he does not have a current hearing loss disability in either ear.

The Board has remanded the case for additional development due to the need to obtain medical records from the veteran's providers.

The veteran's service-connected lumbar spine disability is now rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The veteran's appeal was denied for increased evaluations and service connection. The gunshot wound to the cervical spine at C2 remains rated at 20 percent.

The veteran's claims for service connection for peripheral neuropathy of the left lower extremity, degenerative disc disease of the cervical spine, and residuals of right arm fracture have been denied. The claim for increased rating for residuals of right total hip replacement has been granted with a current evaluation of 70 percent.

The Board has determined that the veteran's cervical spine disability, manifested by C7 radiculopathy, was incurred in active service and is rated at its maximum of 100 percent. The upper back disability claim remains denied as new and material evidence has not been received to reopen it.

The Board has withdrawn the issues of bilateral hearing loss and cervical spine disability from appeal. The claim for an increased rating for PTSD is granted, with a current rating of 50 percent.

The veteran's appeal is being remanded for further development, including scheduling a VA examination and obtaining Social Security Administration records.

The Board denied the veteran's claims for service connection for arthritis of the spine and a cervical spine disability, finding that new evidence did not raise a reasonable possibility of substantiating the claim and that there was no link between current disabilities and service.

The veteran's cervical spine disorder and left upper extremity radiculopathy have been rated at 20 percent disabling. The Board denied the claims for an initial rating in excess of 10 percent for neurological manifestations in the left upper extremity due to a cervical spine disorder, as well as TDIU.

The Board denied the veteran's claims for service connection for sleep apnea/insomnia, chloracne as secondary to herbicide exposure, a cervical spine disability, and peripheral neuropathy. The veteran's complaints of these conditions were not found to be related to his time in service.

The veteran's claim for increased ratings and a separate rating for neurological manifestations of his cervical spine disability is being remanded for additional development.