Neck / cervical spine decisions — 2009

The Veteran's claims for increased ratings for cervical spine disability, scar of the chin, and anxiety disorder were denied. The Veteran's service-connected dysthymia and anxiety disorder are rated at 30 percent.

The Board denied service connection for lumbosacral strain, cervical spine arthritis, and right knee arthritis as secondary to a service-connected disability.

The Veteran's service connection claims for migraine headaches and cervical spondylosis were granted, with the effective date set at October 28, 2003. The initial disability evaluations assigned are 30 percent for migraines and 10 percent for cervical spondylosis.

The Veteran's claims for increased ratings for his service-connected knee and spine disabilities have been denied. The RO found that the current evaluations adequately reflect the severity of these conditions.

The Board has determined that additional examinations and records are needed to properly adjudicate the appellant's claims for service connection.

The Veteran's right shoulder, thoracic spine, and cervical spine disorders are currently rated at the maximum allowed under VA regulations. The Board finds that a higher rating is not warranted for any of these conditions.

The Board has remanded the Veteran's claims for further development, including a medical opinion by a VA orthopedic specialist regarding his service-connected left knee and right hip disabilities. The claims will be adjudicated again once this development is completed.

The Veteran's cervical right trapezius strain was rated at 10 percent prior to April 5, 2008 and increased to 20 percent beginning on that date.,For the period of time beginning April 5, 2008, the Veteran's cervical right trapezius strain is rated at 20 percent.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of evidence.

The Veteran's claims for service connection are being remanded due to the need to obtain additional medical records and conduct further development.

The Veteran's request for service connection for a cervical spine disorder is being remanded due to the cancellation of his scheduled hearing. He will be given an opportunity for a video conference hearing before a Veterans Law Judge.

The Veteran does not have a cervical spine disability due to disease or injury that was incurred in or aggravated by active service or an undiagnosed illness that was incurred therein.

The Board denied service connection for cervical and lumbar spine degenerative disc disease as the evidence did not show a current disability or link to service.

The Veteran's arthritis of the cervical spine and residuals of a head injury including concussion and headache were not incurred or aggravated by service.

The veteran's PTSD has been restored to a 70 percent evaluation, effective May 1, 2007. The Board also found that the veteran is entitled to TDIU due to his service-connected disabilities.

The Veteran's residuals of cervical fusion from C5 through C7, status post cervical herniated nucleus pulposus with cervical spondylosis are rated at 60 percent. Separate noncompensable ratings are assigned for decreased bladder sensation and erectile dysfunction.

The Board is remanding the case to the RO for further development and readjudication, including providing proper VCAA notice and scheduling a VA examination to reassess the severity of the Veteran's service-connected low back disability.

The Veteran's claim for compensation under the provisions of Title 38, United States Code, � 1151 for degenerative disc disease of the cervical spine with radiculopathy is being remanded due to a need for further development and consideration.

The Board denied the Veteran's claims for service connection for a cervical spine condition, right knee patellofemoral pain syndrome, and left knee patellofemoral pain syndrome due to lack of evidence linking these conditions to service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for cervical strain is denied as the incident did not result from VA hospital care, medical or surgical treatment, or examination.