Neck / cervical spine decisions — 2008

The veteran's claims for increased evaluations of her low back strain with arthritis, cervical spine strain/sprain, and bilateral ankle sprain/strain were denied by the Board. The conditions are rated based on their current manifestations without any presumption or secondary service connection.

The veteran's claims for service connection were granted for a right hip disability. The other conditions, including diplopia and bilateral shoulder disability, were denied as new evidence was not sufficient to reopen the claims.

The veteran's service-connected right knee injury is currently rated at 10 percent, but the Board finds that a higher rating is not warranted.,The veteran's thoracolumbar spine disability is currently rated at 10 percent and the Board finds no basis to grant a higher rating.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for right shoulder disability, left shoulder disability, and neck disability. However, the claims were denied as there is no evidence of a chronic condition during service or continuity of symptomatology after service.

The Board has determined that the veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile and adaptive equipment, or adaptive equipment only.

The veteran was granted a higher initial rating for lumbosacral strain and service connection for coronary artery disease effective March 13, 2006. The other issues were either denied or not addressed in the decision summary.

The Board has determined that the veteran's lumbar spine, cervical spine, thoracic spine, and right hip disorders are related to her active duty service.

The Board finds that the veteran does not have current back or neck disabilities that are related to his military service.,Hemorrhoids were noted at the time of enlistment, but there is no evidence they worsened during service.

The Board has determined that the veteran's cervical spine disability and right knee strain are not related to his military service, and thus denied these claims.

The veteran's bilateral high frequency hearing loss and right cervical muscle strain (cervical spine disability) have been granted increased ratings.

The Board found no evidence of a current disability related to service for the veteran's cervical spine and shoulder conditions, thus denying these claims.

The veteran's low back disability was granted a 20 percent rating effective May 16, 2007. His cervical spine disability and TMJ dysfunction were also granted increased ratings.

The Board found that the veteran's cervical spine surgery in December 1988 was not faulty and did not cause additional disability. The veteran does not have any service-connected disabilities, so his claim for a TDIU rating is denied.

The Board found that the veteran's low back/bone spurs disability was not incurred in or aggravated by active service and arthritis may not be presumed to have been incurred therein. The issue of whether new and material evidence has been submitted to reopen the claim for service connection for degenerative disc/joint disease of the cervical spine is addressed in the REMAND portion.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status is being remanded due to unclear self-care function impairment caused by service-connected disabilities versus nonservice-connected cervical spine disability.

The veteran's claims for a higher rating and TDIU were denied, while his request to reopen his cervical spine disorder claim was also denied. The VA found that the evidence did not meet the criteria for a higher disability rating or TDIU.

The veteran's claims for increased disability ratings have been denied. The veteran is already service-connected for migraine headaches, and his low back disorder has a current evaluation of 20%. His left lower extremity neurological manifestations are currently rated at 20%, effective May 3, 2005. His cervical spine disorder does not meet the criteria for an increased rating. His left epididymal cyst is not service-connected.

The veteran seeks service connection for a low back disorder, cervical spine disability, and hypertension. The Board finds that the veteran's current conditions are not related to his military service.

The veteran's appeal is being remanded for further evaluation of his L5/S1 osteoarthritis and degenerative disc disease, as well as cervical spine osteoarthritis. The RO will schedule a VA examination to assess the current severity of these conditions.

The veteran's cervical spine disability is not rated higher than 30 percent, and his right and left knee disabilities are each rated at the maximum of 20 percent. The veteran was granted separate 10 percent evaluations for limitation of extension in both knees.