Neck / cervical spine decisions — 2008

The Board finds that the veteran's current cervical spine disorder is related to an in-service neck injury and grants service connection for this condition.

The Board has determined that service connection is not warranted for cervical spine disability and lumbar spine disability. The veteran's current disorders of the cervical and lumbar spines were not incurred in or aggravated by active duty.

The Board has determined that the veteran does not have a current lumbar or cervical spine disability, nor any residuals of a head injury, that are causally related to service. Therefore, service connection for these conditions is denied.

The VA determined that the veteran's cervical spine disability, characterized by limitation of motion and forward flexion greater than 30 degrees, does not warrant a rating higher than 10 percent.

The Board denied the veteran's claims for increased ratings for his cervical spine disability and for SMP based on need for regular aid and attendance or being housebound. The case is remanded for further development.

The veteran's service-connected cervical spine intervertebral disc syndrome and degenerative disc disease, lumbar spine with intervertebral disc syndrome were granted increased ratings. The effective date for the 40 percent rating for right sciatic nerve paralysis was set at March 12, 2007.

The Board has reopened the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and cervical spine, finding new evidence that supports a possible link to service.

The Board has determined that the veteran's PTSD is service-connected, and he is also granted service connection for low back disability and neck disability. The residuals of shrapnel wounds are not addressed as they were not part of the original appeal.

The veteran's appeal has been withdrawn before the Board could make a decision.

The veteran's service-connected cervical spine degenerative disc disease with left shoulder radiculopathy and left knee ACL injury are currently rated at 10 percent, but the Board finds that these conditions do not warrant a higher rating based on current evidence.

The Board has determined that the veteran's disabilities do not meet the criteria for special monthly pension based on need for aid and attendance or housebound status.

The Board has determined that the veteran's cervical spine disability does not warrant a rating in excess of 20 percent, and his left shoulder disability does not warrant a rating in excess of 20 percent.

The Board has determined that the veteran's back disability and dental trauma residuals are not service-connected due to lack of evidence showing their onset during active duty.

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

The veteran's claims for increased ratings for his cervical and lumbar spine disabilities have been remanded due to insufficient notice, outstanding medical records, and the need for new examinations.

The Board has remanded the case for further development due to scheduling a hearing before a Veterans Law Judge at the RO.

The Board has reopened the veteran's claim of service connection for cervical spine disability and found that new evidence received since the last denial raises a reasonable possibility of substantiating the claim. However, the Board denied the claim on the merits as there is no competent medical opinion linking the current cervical spine disorder to service.

The veteran's appeal is being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, D.C. for further review.

The veteran's service connection claims for stomach disability, low back disability, cervical spine disability, residuals of urethritis, bilateral hearing loss, and tinnitus are all granted.

The Board has determined that the veteran does not have current diagnoses for most of his claimed conditions, and those with current diagnoses do not meet the criteria for service connection due to lack of evidence linking them to military service or a service-connected disability.