Neck / cervical spine decisions — 2009

The Board has granted service connection for the Veteran's cervical spine degenerative changes, finding that they are likely due to an injury sustained during his period of active service. However, the Board denied service connection for the claimed residuals of a shoulder injury as there is no current diagnosis of such.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine, claimed as arthritis and back pain, is related to service. Similarly, the cervical spine condition is also considered incurred in service. The bilateral leg pain with cramps and tingling and bilateral hip injury are found to be related to service or a service-connected disability.

The Veteran's cervical spondylosis with radiculopathy was not shown to be related to service or service-connected conditions, and the Board denied his claim.

The Board found that the appellant's cervical spine disability does not warrant an evaluation in excess of 20 percent. The claim for TDIU was dismissed as moot due to the current 100 percent rating.

The Veteran's claim for service connection for an upper back disability was not granted, but his intervertebral disc syndrome of L4-L5 is rated at 20 percent. The Veteran's TDIU claim was denied.

The Board has remanded the case due to the need for additional VA records, particularly those from May 2001, June 2001, and December 2002. The Veteran's claim for service connection for degenerative disc disease of the cervical spine remains under consideration.

The Veteran's neck injury, involving a herniated disc of the cervical spine, was not directly caused by an essential activity or function within the scope of his vocational rehabilitation and therefore does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for a higher initial rating for his cervical spine disability was denied, and the effective date for TDIU was not earlier than October 19, 2006.

The Veteran's lumbosacral strain and cervical syndrome have been granted increased ratings to 40 percent and 30 percent, respectively, effective May 18, 2006.

The Veteran's left elbow disability and cervical spine disability are service-connected. The initial rating for the cervical spine disability is granted at 20 percent from December 14, 1993 to August 15, 2001. A TDIU rating prior to August 16, 2001 is also granted.

The Veteran's claim for service connection for a back disability has been reopened and granted. His claim for TDIU is also granted, with the presumption that his current neck disability is related to service injury.

The Veteran's cervical spine disability was not incurred or aggravated during his active service, and the Board found no evidence to support a finding of service connection.

The Board has accepted the Veteran's account of an in-service injury to his back, but finds that additional evidence is needed to determine if any current spinal disabilities are related to service. The case is being remanded for further examination and medical opinion.

The Board denied the Veteran's claims for service connection for headaches, cervical spine disability, thoracic spine disability, left ankle disability, bilateral pes planus with plantar fasciitis, and gastritis. The Board found that the preponderance of the evidence did not support these claims.

The Veteran's claim for an increased rating for degenerative changes of the cervical spine was denied. The RO found that the disability did not meet the criteria for a higher evaluation.

The Veteran's claims for increased evaluations of his service-connected disabilities are being remanded due to the need for additional examinations and consideration.

The Veteran's appeal is being remanded due to his request for a videoconference hearing. The claims folder will be returned to the Board after the appellant has been afforded an opportunity to appear at such hearing.

The Board denied the Veteran's claim for service connection for spinal disorders, including cervical, thoracic, and lumbar spine disabilities, finding no evidence of a nexus between his current conditions and military service.

The Board found that there is no evidence of a chronic cervical spine, lumbar spine, or left shoulder disability present in service and not related to active duty. The Veteran's current disabilities are not linked to his military service.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's cervical spine disability is related to his service-connected right foot gunshot wound and whether it is aggravated by that condition. The issue of an increased rating for the right foot gunshot wound will also be addressed.