Neck / cervical spine decisions — 2009

The Board has determined that the veteran's cervical spine degenerative disc disease is attributable to service. The claims for fatigue and memory loss are granted as they may be due to undiagnosed illnesses incurred during Persian Gulf service.

The Board finds that the Veteran's claimed disabilities are not related to his active military service, including exposure to herbicides. The preponderance of the evidence is against a finding that any current disability was incurred or aggravated by service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied the Veteran's claims of entitlement to service connection for left shoulder, neck and chest disabilities due to lack of new and material evidence.

The VA determined that the Veteran's cervical spine disability does not meet or approximate the criteria for a compensable rating under any applicable diagnostic code.

The Board has denied the Veteran's claims for service connection for residuals of a right foot injury, tinnitus, hypertension, carpal tunnel syndrome, cervical spine disability, and bilateral hearing loss as there is no evidence of an in-service disease or injury that could be linked to these conditions.

The Veteran's service-connected cervical strain with arthritis is currently rated at 10 percent, and the Board has determined that this rating is appropriate based on his range of motion.

The Veteran's claim for special monthly pension (SMP) on account of being in need of the aid and attendance of another person was denied as he is not service-connected for any disability, and his nonservice-connected disabilities do not meet the criteria for regular aid and attendance.

The Veteran's cervical spine disability was initially rated at 10 percent prior to November 13, 2008. It was increased to 20 percent between November 13, 2008 and March 17, 2009. As of March 17, 2009, the disability is rated at 30 percent.

The Veteran's claim for service connection for a cervical spine disorder was denied. The Board found that the Veteran does not have a cervical spine disability due to disease or injury incurred in or aggravated by service.

The Veteran's service-connected disabilities do not meet the criteria for a total disability evaluation based on individual unemployability.

The Veteran's claims of service connection for cervical spine and right knee arthritis were denied.,Service connection was granted for irritable bowel syndrome, but a rating in excess of 10 percent prior to April 4, 2007 was denied.

The Board has determined that the Veteran does not have a current neck or left ankle disability, and thus cannot establish service connection for these conditions.

The Veteran's service-connected right leg injuries have been granted increased ratings, and he is now eligible for a 10 percent rating for the residuals of gunshot wounds to the right medial thigh. Service connection has also been established for degenerative arthritis of the cervical spine.

The Veteran's cervical spine and right upper extremity disabilities are not considered to be related to his military service or any service-connected conditions.

The Board finds that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no evidence of such conditions during or immediately following his active duty. The surgeries mentioned by the Veteran were for treatment of a pilonidal cyst, not spinal injuries.

The Veteran's appeal is denied as the claims for service connection and increased rating have not been substantiated by new and material evidence, and the effective date of TDIU remains at December 17, 1998.

The Veteran's neck disability was not present in service or for many years thereafter, and the Board finds that it is not related to his active service.

The Veteran's appeal is being remanded for additional development due to the need for updated medical examinations and consideration of new evidence.

The Board granted an initial disability rating of 20 percent for the appellant's service-connected degenerative joint disease of the cervical spine, effective from November 28, 1991, to December 10, 1997.