Neck / cervical spine decisions — 2009

The Veteran's claim for service connection for low back disability was previously denied in September 2001. New and material evidence has not been received to reopen this claim. The claims for increased evaluations of the cervical spine disorders have also been denied.

The Veteran's claim for a total rating for compensation purposes based on individual unemployability prior to December 1, 2004 was denied as he is not shown to be unable to secure and follow a substantially gainful occupation by reason of his service-connected disabilities alone.

The Veteran's hip disability and bilateral hearing loss are not service-connected.,However, the Board has recharacterized the issue of cervical and lumbar spine disabilities as remanded.

The Veteran's appeal has been withdrawn, resulting in the dismissal of the case.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as her combined evaluation is at least 70 percent, but she is not shown to be unemployable due to these conditions.

The Veteran's headaches are rated at the highest possible schedular evaluation of 50 percent, effective March 22, 2005. The Veteran has very frequent and completely prostrating headaches that cause severe economic inadaptability.

The Veteran's hypertension and cervical spine disability are service-connected. The Veteran has a current diagnosis of hemorrhoids, but the Board finds that there is no evidence to support a finding of service connection for this condition. The Veteran does not have a diagnosed spina bifida occulta or left varicocele. There is insufficient evidence to establish service connection for his genitourinary disorder or right ear hearing loss. Headaches are service-connected, but the Veteran's claim for increased evaluation was denied.

The Veteran's degenerative arthritis of the cervical spine is currently rated at 30 percent, which is the maximum schedular rating for severe limitation of motion without other compensable criteria met.

The Board has granted service connection for a cervical disability, finding that the Veteran's credible report of an in-service injury is consistent with his current diagnosis. The claim for posttraumatic stress disorder was denied as there is no evidence of such a condition.

The Veteran's appeal is being remanded for further development to determine if his current cervical spine and shoulder disabilities are related to an incident in service when he tripped and hurt his left shoulder during a gasoline explosion.

The Veteran claims service connection for a cervical spine disability, inner thigh/groin condition, and headaches that he contends are related to his service-connected low back disability. The Board finds further development is needed due to the lack of recent VA medical records and an examination addressing these claims.

The Veteran's claim for service connection for hypercholesterolemia was denied, and his cervical spine disorder was granted with a 10 percent initial rating. The appeal is resolved in favor of the Veteran on the issue of an increased rating for his cervical spine disorder.

The Board has reopened the veteran's claims for service connection for degenerative changes in various joints, finding that new and material evidence was received. The Board determined that these conditions are related to a pre-existing left hip condition.

The Board denied the Veteran's request to reopen his claim of service connection for cervical spine disc disease at C4-5 and C5-6, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim.

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

The Veteran's claims for increased ratings and service connection were denied. The claim to reopen a cervical spine disability was granted, but the secondary service connection claims for GERD and migraines were denied.

The Veteran's bipolar-2 disorder is rated at 70 percent, and his knees are each rated at 10 percent. The Veteran has a torn meniscus in both knees which warrants separate ratings of 20 percent for each knee.

The Veteran's claim for an initial evaluation in excess of 10 percent for cervical spine degenerative disk disease and cervical fusion at C6-7 with pseudoarthrosis is denied.

The Board has remanded the case for issuance of an SOC on the Veteran's service connection claim and a TDIU claim, as these issues are inextricably intertwined.

The Veteran's appeal is granted, with an effective date of September 17, 1998 for the election of compensation benefits in lieu of military retired pay. The issue of calculating compensation benefits based on this election remains pending.