Neck / cervical spine decisions — 2009

The Veteran's appeal has been withdrawn, and the issues are dismissed.

The Board denied service connection for respiratory, cervical and lumbar spine, and skin disabilities due to lack of evidence linking these conditions to active service or any incident therein.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and he is therefore entitled to a TDIU.

The Board denied the Veteran's claims for increased ratings for his lumbar and cervical spine DJD, right knee chondromalacia with meniscectomy and patellar debridement, and left knee meniscectomy. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board found that the Veteran's cervical spine disability was not incurred in or related to his service, and thus denied his claim for service connection.

The Board found that the appellant's current right knee, cervical spine, and lumbar spine disorders are not related to his active duty for training service. The preexisting conditions were not aggravated during service.

The Board denied the Veteran's claims for service connection for generalized arthritis, a right hip disability, and cervical and thoracic spine disabilities. The decision also addressed whether new and material evidence had been received to reopen the claim for a left hip disability.

The Board found that the October 1976 RO rating decision denying service connection for a cervical spine disorder was not clearly and unmistakably erroneous, as there was no error which was undebatable and of the sort which would have manifestly changed the outcome at the time it was made.

The Veteran's cervical headaches are currently evaluated as 30 percent disabling, which is the maximum schedular rating available under Diagnostic Code 8100. The Board finds that this evaluation adequately reflects the severity of his symptoms.

The Veteran's lumbar spine degenerative disc disease is found to be related to service. Cervical spine degenerative disc disease and leg cramps are not shown to be related to service.

The Veteran's degenerative disc disease of the cervical spine was not incurred in or aggravated by service, and the Board finds that it is more likely due to a natural progression of his condition rather than an in-service injury.

The Veteran's claim for a TDIU is being remanded due to the need for clarification of his employment status and additional development, including a VA examination.

The Veteran's initial disability rating for cervical spine disability from September 26, 2003, through November 18, 2004, was granted at a 20 percent level. The claim for service connection of low back disability remains unresolved.

The Veteran seeks service connection for neck, left shoulder, and left arm disabilities. The Board finds that additional development is needed to determine the etiology of these conditions.

The Board has determined that the Veteran's claim for an effective date earlier than August 27, 2001 for service connection for myofascitis of the neck, status post cervical strain is denied as his reopened claim was received on August 27, 2001.

The Veteran's claims for service connection were denied across multiple issues, including dermatitis, PTSD, hip and knee disabilities, muscle cramps, shoulder impingement, upper back condition, cervical spine syndrome (neck condition), low back disability, and ankle disability. The appeals are all now denied.

The Veteran's osteoarthritis of AC joint, chronic AC separation and rotator cuff strain, left shoulder is rated at 20 percent. The claim for an increased rating has been granted.

The Board has remanded the Veteran's claims for service connection due to insufficient medical nexus evidence and a need for further development.

The Board found that the Veteran's cervical spine disability was incurred in service and granted service connection.

The Veteran's cervical spine disability was not incurred in service and is not secondary to a service-connected thoracic and lumbar spine fracture. The TDIU claim does not warrant extraschedular consideration.