Neck / cervical spine decisions — 2009

The Veteran's cervical spine disorder was not incurred or aggravated by active service.

The Board has determined that the Veteran's right femur fracture did not worsen during service and was not aggravated by his service. The other claimed conditions were not caused or aggravated by his service.

The Veteran's claims for increased evaluations and initial evaluations in excess of the current ratings for his service-connected cervical spine degenerative disc disease and lumbar spine with thoracic spondylosis have all been denied.

The Veteran's appeal has been dismissed as he is satisfied with the 20 percent rating awarded for residuals of a cervical spine fracture.

The Veteran's cervical spine injury, left foot decubitus ulcer, and epididymoorchitis are all found to be proximately due to his service-connected left knee disability.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's cervical spine disorder with radiculopathy, which may be related to his active service.

The Veteran's C5-6 cervical ankylosis, status post vertebrae compression fracture, has been rated at 30 percent since June 2003. The current evaluation does not meet the criteria for a higher rating as his condition is manifested by no more than favorable ankylosis with limited range of motion.

The VA denied an increased evaluation for degenerative arthritis of the cervical spine, as the Veteran's disability does not meet the criteria for a higher rating based on range of motion or other disabling symptoms.

The Board has denied the Veteran's claims for service connection for cervical spine disorder, left ankle disorder, and right ankle disorder due to lack of medical evidence showing a current disability related to service.

The Board has granted service connection for a neck disorder and awarded an extension of the total rating due to treatment for a service-connected disability requiring convalescence. The bilateral knee disorder issue is withdrawn.

The Board finds that the Veteran's degenerative joint/disc disease of the cervical spine is related to his service, and grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for various conditions, including an acquired psychiatric disorder, fibromyalgia, osteoarthritis/arthritis (OA), gastrointestinal disorders with nausea and heartburn, hypertension, cervical spine discogenic disease at C6-C7, C7-T1 and spondylosis, and a right foot disability (calcaneal spurs) as secondary to her service-connected costochondritis.

The Veteran's claims for increased ratings for her service-connected cervical and thoracolumbar spine disabilities have been denied. The noncompensable rating has been maintained since September 11, 2003 through December 26, 2007, and a 10 percent rating was assigned from December 27, 2007.

The Veteran's lumbosacral strain was granted a 40 percent evaluation effective May 23, 1995. His cervical spine injury residuals were also granted an initial 30 percent evaluation.

The Board found no relationship between the Veteran's cervical spine and left shoulder disabilities with his service, thus denying service connection for both conditions.

The Veteran's claims for increased ratings for right chondromalacia patella and chronic cervical myalgia were denied as her conditions did not warrant a higher rating based on the criteria provided in the Rating Schedule.

The Board is again remanding the claims for secondary service connection due to new and material evidence, as well as the claims for an initial rating higher than 10 percent for psoriatic arthritis of the left knee and for a TDIU.

The Veteran's tinnitus is granted service connection, and his cervical and lumbar spine disabilities are denied. The Board finds that the evidence is at least in equipoise as to whether the Veteran's tinnitus began in service.

The Veteran's claim for a higher rating for his cervical spine disability was granted, and he is now rated at 30 percent effective November 14, 2007. Effective the same date, service connection was also established for right and left upper extremity weakness of the long thoracic nerve.

The Board denied service connection for a cervical spine disability, finding that the Veteran's current condition is not related to his military service. The earlier effective date claim was also denied.