Neck / cervical spine decisions — 2009

The Board has remanded the case for further development, including obtaining a VA medical opinion regarding the Veteran's right upper extremity disability and considering whether separate ratings are warranted. The appellant's accrued benefit claims will also be reconsidered.

The Veteran's claims for increased ratings have been denied. The scar of the right knee is not painful and does not meet the criteria for a higher rating. The degenerative disc disease of the cervical spine has not resulted in ankylosis or severe intervertebral disc syndrome, which would warrant a higher rating. The residuals of post-traumatic arthritis of the right knee with history of right medial meniscectomy have been rated as 30 percent disabling since November 1, 2003.

The Board has determined that the Veteran's migraine headaches are related to his active service, and he is granted service connection for this condition. The other issues on appeal have been denied as there is no evidence of a current disability due to an injury or disease incurred during active duty.

The Veteran's claim for service connection for a cervical spine disorder with headaches is being remanded due to the need for additional development, including scheduling of a VA examination.

The Veteran's cervical spine disability has been evaluated at a 20 percent rating, and the Board finds that it does not warrant an increase to a higher rating.

The Board denied the Veteran's claim of service connection for degenerative disc disease/degenerative joint disease of the cervical spine as secondary to a service-connected shell fragment wound of the right arm with moderate injury to muscle group V. The TDIU claim was also denied.

The Board has remanded the case due to the Veteran expressing disagreement with the denial of service connection for cervical and lumbar spine conditions, but no Statement of the Case (SOC) has been issued yet.

The Veteran's claims for a higher rating for cervical spine disability and service connection for low back disorder were denied. The Board found that the evidence did not support an increased rating for the cervical spine disability, but granted separate ratings for mild incomplete paralysis of the radial nerve in both upper extremities.

The Board has determined that new and material evidence has been received sufficient to reopen the claim of service connection for cervical spine disability. The Veteran should be scheduled for an appropriate VA examination to determine whether he has any cervical spine disability related to service, including cervical spine strain.

The Veteran's claims for higher initial ratings for degenerative changes of the cervical and lumbar spine disabilities were denied as there is no evidence showing that forward flexion of either spine is limited to 15 degrees or less, nor does the evidence indicate ankylosis. The disability has been rated based on limitation of motion.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine, including as secondary to a service-connected left knee disability is being remanded due to the need for additional medical examinations and development.

The Board has granted a 30 percent disability rating for cervical disc disease since September 26, 2003. The claim for higher ratings remains pending. The Veteran's right knee disorder is currently rated as 10 percent disabling.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for residuals of head trauma. However, the claims were denied as there is no medical evidence showing a current disability related to her service.

The Veteran's claim for a rating in excess of 10 percent for a cervical spine disability was denied. The current effective date is July 19, 1995.

The Board found that the Veteran's cervical spine disorder is not related to his service-connected lumbar spine disability and denied the claim.

The Veteran's appeal is remanded to obtain VA treatment records and determine the etiology of his headaches, including whether they are related to his in-service motor vehicle accident or secondary to his service-connected cervical spondylosis.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine, generalized degenerative joint disease, and cervical spine disability. The Veteran did not have these conditions during or within many years after his military service.

The Veteran does not have a current right knee, left knee, cervical spine, shoulder, or low back disability that is shown to be related to active service. The Board finds clear and unmistakable evidence of the preexistence of these conditions prior to service.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of ankylosis in the left ankle, which prevented a higher rating. Service connection was not granted for neck or lower leg disorders as there was insufficient medical evidence linking these conditions to his service-connected left ankle disability.

The Board has remanded the Veteran's claims for additional development due to errors in legal standard application and inadequate reasons and bases provided.