Neck / cervical spine decisions — 2009

The Board found that the Veteran's cervical spine, left shoulder, and left great toe disabilities were not incurred or aggravated by service. The appeal was denied.

The Veteran's thoracic and lumbar spine disability was manifested by slight limitation of motion, no muscle spasm on extreme forward bending, loss of lateral spine motion, unilateral in standing position. The Veteran's cervical spine disability was not shown to involve IVDS. As such, the initial rating assigned for degenerative arthritis of the thoracolumbar spine prior to January 24, 2006, is granted at 10 percent.

The Veteran's service-connected cervical spine disability is rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board denied service connection for residuals of neck injury and cervical spine disorder, finding no evidence of a chronic condition during or immediately after service.

The Veteran's cyst on the left wrist is not service-connected, and his right shoulder disability has been rated at 30 percent since November 27, 2002.

The Veteran's service connection claim for cervical spine disability was denied, and his lumbar spine disability is currently rated at 10 percent.

The Board has remanded the case due to the need for a new examination and review of the evidence.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and evaluations.

The Veteran was granted a 60 percent evaluation for cervical strain with degenerative disc disease from April 16, 1992 to April 16, 1998. The effective date of the TDIU remains pending.

The Board has determined that service connection is warranted for a right elbow disorder and nonallergic rhinitis (sinus disorder), but not for the claimed bilateral knee disorders, cervical spine disorder, lumbosacral spine disorder, left hip ganglion cyst, left foot disorder, right ankle disorder, head concussion injury residuals, or vertigo.

The Board has granted service connection for a low back disorder, cervical spine disorder, and bilateral knee disorder. The Veteran's PTSD remains at a 30 percent rating.

The Veteran's cervical spine disability was granted a 20 percent rating effective from May 11, 2007. The right patellar arthrosis and hepatitis C were each granted separate 10 percent ratings effective from May 11, 2007.

The Veteran's claims for higher ratings for lumbar and cervical spine DJD, as well as an earlier effective date for service connection, were denied by the Board.

The Board has remanded the case for additional development, including obtaining SSA records and providing a VA examination to determine the etiology of the Veteran's neck and right shoulder disabilities.

The Board has determined that the Veteran's lumbar spine, gastrointestinal, and cervical spine disabilities are secondary to his service-connected post-operative scar of the abdomen. Service connection is granted for these conditions.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment consistent with his education and work experience.

The Board granted an effective date of April 30, 2000 for the grant of a TDIU due to service-connected disabilities.

The Board has determined that there is no current diagnosis of a cervical spine condition, and thus the Veteran's claim for service connection for this condition is denied.

The Board found that the Veteran's cervical and thoracic spine disorder is at least as likely as not a residual of an injury sustained during his military service, granting service connection.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for cervical spine disability, lumbar spine disability, and acquired psychiatric disorder. The claim of residuals of head injury remains denied.