Neck / cervical spine decisions — 2009

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service, and no arthritis affecting the cervical spine manifested to a compensable degree within one year following his separation from service. The claim for psychiatric disorder, low back strain, headaches, left knee and left foot disabilities is reopened as new and material evidence has been received.

The Veteran's appeal is being remanded for additional development of VA treatment records and compliance with VCAA notice requirements.

The Veteran's claim for service connection for degenerative joint disease of the cervical spine is being remanded due to insufficient medical evidence and need for further examination.

The Board has remanded the case due to insufficient notice provided to the Veteran regarding what evidence would be necessary to reopen his previously denied claim for service connection.

The Board denied increased ratings for the Veteran's service-connected cervical spine and lumbar spine disabilities, finding that the evidence did not support a higher rating based on the current manifestations of these conditions.

The Veteran's cervical spine disability, manifested by impairment that does not include intervertebral disc syndrome or ankylosis, and forward flexion of the cervical spine 15 degrees or less, is not rated higher than 20 percent.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's bilateral pars interarticularis defect, L5, with spondylolysis, without spondylolisthesis, congenital was found to be incurred in service. The Board also granted service connection for the Veteran's cervical and dorsal spine disorders as they are related to his service-connected condition.

The Veteran's cervical strain has been rated at 20 percent since May 8, 2001. The Board found that the disability did not warrant a higher rating during any portion of the appeal period.

The Board granted a 40 percent evaluation for cervical strain status post C5-6 fusion from July 1, 2007 to September 1, 2007. The rating for radiculopathy of the right upper extremity remains at 20 percent. Hypertension is rated as non-compensable.

The Board has determined that the Veteran's claimed skin disorder, left knee disorder, left ankle disorder, right ankle disorder, cervical disorder, low back disorder, head disorder, and right hand disorder were not incurred or aggravated by active service. The evidence does not support a finding of service connection for any of these conditions.

The Board has denied the Veteran's claims for an initial compensable rating for surgical scar and a rating in excess of 20 percent for degenerative joint disease of the cervical spine, C5-7, status post spinal fusion.

The Veteran's service-connected degenerative disc disease of the cervical and thoracolumbar spines were increased to a 40 percent rating effective March 20, 2009.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for left knee disability, right knee disability, and cervical spine disability. However, the appellant's preexisting conditions were not aggravated during active service or are otherwise related to her military service.

The Veteran's appeal is being remanded for additional development, including obtaining his personnel file and providing him with notice of the information and evidence required to substantiate a claim for service connection on a secondary basis.

The Board found that the Veteran's current cervical spine disorder did not manifest during service or within close proximity to it, and there is no evidence linking his current condition to military service. The VA examiner concluded that chronicity of the condition could not be established based on the medical evidence.

The Veteran's service-connected disabilities, while rated at a combined evaluation of 70 percent, do not preclude him from engaging in substantially gainful employment consistent with his education and occupational experience.

The Board has decided to remand the case for further development, including obtaining SSA disability records and readjudicating the claim.

The Board found that the Veteran's low back disability, neck disability, and headaches were not incurred in or aggravated by active service.

The Veteran's service-connected cervical and lumbosacral spine disabilities are currently rated at 10 percent and 20 percent, respectively. The Board has determined that the current ratings do not adequately reflect the severity of his disabilities as evidenced by significant painful limitation of motion.