Neck / cervical spine decisions — 2008

The veteran's cervical spine condition is not service connected.,His mood and dysthymic disorders are not service-connected.

The Board denied the veteran's claims for higher initial ratings for his degenerative disease of the cervical and lumbar spines, finding that the evidence did not support a rating in excess of 10 percent under either the old or revised VA schedular criteria.

The veteran's service connection claims for irritable bowel syndrome, anemia, and a great toe disorder (exostosis) have been granted. The veteran also has service-connected degenerative disc disease of the cervical spine, left heel spur with plantar fasciitis, gastrointestinal reflux disease, and hemorrhoids. His right ear hearing loss is rated as compensable.

The Board denied the veteran's claims for a rating in excess of 10 percent for cervical myositis and service connection for cervical radiculopathy, finding that the current diagnoses were not incurred or aggravated by service.

The Board has remanded the case due to potential prejudice and the need for a VA spine examination. The veteran's claims for higher ratings for his lumbar and cervical spine disabilities are inextricably intertwined with this issue.

The veteran's appeal has been dismissed due to his death.

The veteran's cervical spine strain was found to warrant a rating of 10 percent prior to September 26, 2003. From that date forward, the disability warranted a higher rating.

The Board has determined that the veteran does not have a current cervical spine disability or PTSD, and thus cannot establish service connection for these conditions.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's cervical spine disability is related to an in-service injury.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the veteran's claims for increased ratings for his cervical spine disability, finding that the evidence did not support a rating in excess of 20 percent prior to January 9, 2003 and since March 1, 2003.

The Board grants reopening of the claim for service connection for migraine headaches and remands the reopened claim for additional development.

The veteran's cervical strain is currently rated at 10 percent, and the Board has determined that he meets the criteria for a total disability rating based on individual unemployability due to his service-connected disabilities.

The veteran's initial rating for degenerative disc disease of the cervical spine with spondylosis was increased to 30 percent effective June 11, 2007. The veteran is now rated at 40 percent for degenerative disc disease of the lumbar spine with spondylosis from that date.

The veteran's right shoulder disability was rated at 40% from July 1, 2003 to May 26, 2006 and from August 1, 2006. The left shoulder disorder was rated at 10% from July 1, 2003 to July 6, 2003.,The veteran's cervical strain with arthritis and low back strain were both rated at 20%. There is no rating assigned for the right foot arthralgia.

The veteran's claims for service connection are being remanded due to incomplete records and the need for additional examinations.

The veteran's service-connected bilateral hearing loss is rated at 30 percent, but the Board finds that a higher rating is not warranted.,The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent. The Board finds no basis to grant a higher rating.,The veteran's hiatal hernia and duodenal ulcer are currently rated as noncompensable, but the Board finds that a compensable rating is warranted based on their severity.,The cervical strain with limitation of motion is found to be secondary to service-connected low back disability. The Board grants service connection for this condition.,The veteran's bilateral knee disorder is not considered to be related to his service or any service-connected disability, and the Board denies service connection.

The case is being remanded due to the submission of new evidence without a waiver, and the veteran was notified but did not waive consideration by the agency of original jurisdiction. The RO should readjudicate the claims in light of all pertinent evidence.

The Board has determined that the veteran's cervical spine disability warrants a 30 percent rating, effective from the date of his claim. The evidence did not show marked interference with employment or frequent periods of hospitalization due to this condition.

The veteran's claims for service connection for bilateral shoulder disability, neck disability, back disability, and right knee disability have been denied. The Board found that new and material evidence has not been submitted to reopen the claim of service connection for bilateral shoulder disability. For the other conditions, the preponderance of the evidence is against a finding of service connection.