Neck / cervical spine decisions — 2008

The Board has remanded the case for further development and consideration of whether new and material evidence has been received to reopen a claim of entitlement to service connection for Post Traumatic Stress Syndrome (PTSD).

The Board has determined that the veteran's peripheral neuropathy of the feet, headaches, and degenerative cervical spine disease are not related to service. The claim for service connection is denied.

The veteran's claims for service connection on multiple conditions are being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Board found that the veteran was not entitled to higher ratings for his cervical, thoracic, and lumbar spine disabilities prior to June 19, 2000.

The veteran's claims for increased evaluations of his right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain were denied as the evidence did not meet the criteria for a higher evaluation under VA rating criteria.

The veteran's claim for an effective date earlier than June 19, 2000 for the grant of a total disability rating based on individual unemployability (TDIU) was denied as there were no factual findings to support such an award.

The veteran's initial claim for a higher rating for cervical spine disability was denied prior to September 26, 2003. From that date, the claim was also denied as her condition did not warrant an increased rating.

The Board granted a 30 percent evaluation for the veteran's cervical disc herniation, effective February 6, 2004. The claim for service connection for headaches was also granted.

The Board found that the veteran's cervical spine disability did not meet or approximate the criteria for a higher evaluation, and thus denied his claim for an initial evaluation in excess of 10 percent.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a cervical spine disability. The issue of service connection for a left eye disorder was not addressed in this decision.

The veteran's claim for SMC based on the loss of use of a creative organ was denied as her symptoms are not attributable to any service-connected disability.

The Board has determined that the veteran's right shoulder disability and cervical spine disability are related to incidents during active military service, granting service connection for both conditions.

The Board has remanded the case to the RO for further development and readjudication, including obtaining additional medical records and scheduling a VA examination.

The Board has determined that the veteran's left arm pain and numbness are not related to his retained foreign body in the elbow, but rather to degenerative disc disease of the cervical spine. As a result, the claim for a compensable rating is denied.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine, cervical spine, and right shoulder disabilities.

The veteran's claim for increased disability ratings for his service-connected cervical spine and lumbar spine disorders was granted, with effective dates of October 25, 2002.,Effective October 25, 2002, the veteran is now entitled to a 30 percent disability rating for degenerative disc disease of the cervical spine and a 20 percent disability rating for degenerative disc disease of the lumbar spine.