Neck / cervical spine decisions — 2009

The Veteran's cervical spine disc disease with right shoulder pain and right forearm paresthesia is rated at 20 percent prior to June 23, 2004. Effective from June 23, 2004, the Veteran is rated at 20 percent for the orthopedic manifestations of cervical spine disc disease and 10 percent for the neurologic manifestations. The Veteran's degenerative joint diseases are each rated at 10 percent. Bilateral hearing loss is not compensable. Retinal detachments have no associated rating.

The Board found that the Veteran's low back, cervical spine, and migraine headaches disorders are not service-connected. The evidence did not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's cervical spine disability is not related to service and denied his claim for service connection.

The Veteran's cervical spine disability is denied as there is no evidence of a chronic condition during service or within one year after separation. The Board finds that the current cervical spine disability is not related to service due to the significant time gap between in-service trauma and the first post-service medical evidence of a neck or cervical spine disability.

The Veteran's cervical spine and shoulder disabilities are being remanded for further development, including obtaining private treatment records and information from the Social Security Administration.

The Veteran's cervical spine and lumbar spine disabilities are currently rated at 20 percent, but the VA determined that these ratings do not meet the criteria for a higher rating based on current evidence of record.

The Board has remanded the case for additional development due to procedural errors and insufficient evidence.

The Veteran's appeal is being remanded for additional development, including VA examinations and the scheduling of rescheduled examinations.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not meet the eligibility requirements. The Board also found that a VA examination is not required in this case due to the lack of service connection.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his cervical spine disability and whether he has other neurologic abnormalities. The case will also be referred to the Director, Compensation and Pension Service, for extra-schedular consideration of his TDIU claim.

The Veteran's claims for service connection for bilateral hearing loss, residuals of a cervical spine injury, asthmatic bronchitis, and bipolar disorder (claimed as a nervous condition) have been denied. The applications to reopen the claims for residuals of a cervical spine injury and asthmatic bronchitis were also denied due to lack of new and material evidence.

The Veteran's cervical spine disability is not productive of unfavorable ankylosis, incapacitating episodes, or objective neurologic abnormalities warranting a higher rating. The current 30 percent rating for traumatic arthritis remains appropriate.

The Board has granted service connection for prostate cancer and a cervical spine disorder, finding that the Veteran's conditions are related to his active duty service. The decision also reopened the claim for service connection for prostate cancer.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting new examinations to assess the current severity of his service-connected lumbar spine and cervical spine disabilities.

The Veteran's death was caused by his service-connected major depression and related conditions, which were contributory causes of his death. The Board finds that the Veteran's service-connected disabilities contributed to his untimely death.

The Board has denied the Veteran's claim for an earlier effective date for the award of a total rating for compensation based upon individual unemployability due to service-connected disability, finding that the January 2003 rating decision did not contain clear and unmistakable error.

The Board found that the Veteran's current cervical spine disorder was not incurred in or aggravated by service and denied his claim.

The Veteran's claims for increased ratings for cervical spine strain, right hand strain, and left ankle strain with residuals were denied as his conditions did not meet the criteria for a higher rating under VA regulations.

The Board has determined that the Veteran's cervical spine, lumbar spine, and right shoulder disabilities were not incurred or aggravated by active military service. The claims are therefore denied.