Neck / cervical spine decisions — 2008

The Board found that the preponderance of evidence is against a finding that the veteran sustained a jaw disorder, to include a disorder involving the inferior alveolar nerve, in service. Therefore, service connection for this condition was denied.

The Board denied the veteran's claim for an earlier effective date for a 30 percent rating for his cervical spine disability, finding that there was no evidence of increased disability within one year prior to March 30, 1999.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to a cervical spine disorder, finding that his condition was not caused by VA treatment in 1980 or 1981.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the current severity of his service-connected right shoulder, thoracic spine, and cervical spine disabilities.

The Board has ordered additional development due to the veteran's failure to report for VA examinations, and further clarification is needed regarding the etiology of his cervical spine disorder, right eye disorder, left leg disorder, and service-connected disabilities.

The Board denied the veteran's claims for service connection for sleep apnea, residuals of a head injury, and cervical spine disorder. The evidence did not establish a link between these conditions and his military service.

The Board found that the veteran's cervical spine disorder and PTSD were not incurred in or aggravated by service.

The veteran's appeal is being remanded for clarification of representation, additional evidence collection, and a gynecological examination.

The veteran's cervical spine disability has been rated as noncompensable since November 1, 2004. From June 17, 2005 through January 4, 2007, the disability was rated at 10 percent due to some decreased motion and x-ray evidence of muscle spasm. Since January 5, 2007, the disability has been rated at 20 percent based on x-ray evidence of a reversed lordotic curve with forward flexion limited to 20 degrees.

The Board denied the veteran's claims for higher ratings for his service-connected cervical spondylosis with HNP and radiculopathy, status post-fusion C6-C7, and ulnar nerve injury of the left arm.

The Board has determined that the veteran's left shoulder, low back, and cervical spine disabilities are likely related to injuries sustained during his period of active service.

The Board has determined that additional medical records are needed and that VA examinations should be conducted to determine the etiology of the veteran's claimed disabilities. The case is therefore being remanded for these actions.

The VA determined that the veteran's cervical spine degenerative disc disease with bulging discs and sprain does not warrant a higher initial evaluation than the current 10 percent rating.

The veteran's claim for PTSD was denied as there is no evidence of a current diagnosis. The initial rating for cervical spine disability was reduced from 20% to 10%, and the appeal regarding this issue was denied.

The Board has denied the veteran's claim for service connection for a cervical spine disorder, finding that there is no medical evidence linking the current condition to his military service.

The VA denied an evaluation in excess of 30 percent for degenerative arthritis of the cervical spine, as there is no evidence of unfavorable ankylosis.

The Board has granted service connection for cervical spine disability and found that it is related to the veteran's active duty service. The issue of an increased rating for right knee bursitis remains pending.

The Board found no evidence of a generalized anxiety disorder during service or for many years thereafter, and concluded that the current diagnosis is not related to active service. For the cervical spine disability and low back strain claims, the VA examiner determined there was insufficient medical evidence linking these conditions to service.

The Board has raised the question of whether it had jurisdiction to review the veteran's claim for an increased rating for a cervical spine disorder due to the timeliness of his Notice of Disagreement. The case is being remanded to allow the veteran to provide an oral argument regarding this jurisdictional issue.