Neck / cervical spine decisions — 2008

The Board has granted a rating of 20 percent for degenerative arthritis and disc disease of the cervical spine, effective from December 20, 2005. The veteran's service-connected psychiatric disorder (including Major Depressive Disorder and Bipolar Disorder) remains in dispute.

The VA surgery on July 22, 2005 did not result in an additional disability to the veteran that was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.

The veteran's claims for increased ratings for cervical and thoracolumbar spine disabilities were denied as the evidence did not show any additional limitation of motion or neurological abnormalities warranting a higher rating.

The Board has found that the veteran does not have migraine headaches attributable to service and therefore denied his claim for service connection for migraine headaches.

The Board has remanded the veteran's claims for service connection for chronic lumbosacral and cervical strain due to perceived deficiencies in the analysis provided in the January 2007 decision, and for compliance with the statutory duty to assist.

The VA determined that the veteran's diagnosed spinal disabilities are not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case due to a scheduling issue for an appropriate hearing.

The Board denied service connection for a cervical spine disability in February 2007. The veteran's motion alleged clear and unmistakable error (CUE) due to not having been afforded a video conference hearing, but the Board found that he had received an in-person hearing before a member of the Board.

The Board has remanded the case for additional development and readjudication due to a previous denial of service connection for a neck disability.

The Board found that the veteran's cervical spine disability was not caused by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing medical treatment to him. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The veteran's initial claim for a higher rating was denied, and he is currently receiving a 30 percent rating for his cervical spine disability.

The veteran's claims for service connection have been reopened. The RO has also granted increased evaluations for her right and left calcaneal fractures, each rated at 30 percent disabling.

The veteran's cervical spine strain was manifested by a normal cervical spine with no measurable limitation of motion from February 18, 1997 to September 12, 1997.

The Board has determined that new and material evidence was not received to reopen the veteran's claim for service connection of a chronic low back disorder. The Board also found no evidence linking the veteran's current degenerative arthritis of the cervical spine to his active military service.

The veteran's claim for an increased rating for his cervical spine disability was granted, with a current rating of 20 percent effective October 18, 2006.

The Board found no evidence of a chronic disability resulting from an undiagnosed illness, and denied service connection for multiple joint problems/pain, cervical spine pain, and lumbar spine pain.

The Board has granted an initial rating of 20 percent for the veteran's service-connected mechanical cervical strain and a separate 20 percent rating for C-7 radiculopathy of the right upper extremity. The veteran's disability picture is not considered to warrant higher ratings.

The veteran's cervical spine disability is rated at 20 percent, and his bilateral tinea pedis with onychomycosis is rated at 10 percent. Both ratings are granted.

The Board denied the veteran's claim for an increased evaluation for his service-connected chronic cervical strain with degenerative disc disease, finding that the evidence did not support a rating higher than 20 percent.

The veteran's claims for service connection were denied across the board. The Board found that none of the claimed conditions were incurred in or aggravated by service, and no presumption of radiation exposure was applicable.