Neck / cervical spine decisions — 2009

The Board found no evidence of a low back or cervical spine disability during service, and the medical opinions provided did not support a finding that these conditions are related to service. Therefore, service connection for both disabilities is denied.

The Veteran's claims for increased ratings for her upper back disorder and right hip disorder are being remanded due to the need for additional VA examinations.

The Board has determined that the Veteran's erectile dysfunction, osteoporosis, and degenerative disc disease of the cervical spine are not related to service or herbicide exposure. As such, these claims for service connection have been denied.

The Veteran's arthritis of the cervical spine is manifested primarily by mild pain and no more than moderate limitation of motion with flexion greater than 15 degrees but not greater than 30 degrees and a combined range of cervical spine motion of not greater than 170 degrees. The criteria for a rating in excess of 20 percent have not been met.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, Meniere's disease (dizziness), a spinal cord condition of the neck and back, and an acquired psychiatric disorder. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Board denied the Veteran's claim for service connection for a back disorder, including strain of the lumbosacral and cervical spine with superimposed psychophysiological musculoskeletal reaction, finding that new and material evidence had not been received to reopen the previously denied claims.

The Veteran's headaches are found to be secondary to his service-connected cervical spine disability. The initial rating for the cervical spine disability is granted at 20 percent from January 23, 2002 through February 18, 2003.

The Veteran's claims for increased ratings for residuals of fracture of the cervical spine and laceration of the popliteal artery and veins have been denied as his conditions do not warrant a higher rating under applicable VA regulations.

The Veteran's claims for service connection for lumbar spine, neck, and bilateral leg disabilities are being remanded due to the need for further development including a VA examination.

The Veteran's service-connected disabilities, including posttraumatic stress disorder, left knee instability, degenerative arthritis of the left knee associated with left knee instability, and degenerative disc disease of the cervical spine, do not meet the requisite schedular percentages for TDIU.

The Veteran's cause of death was listed as cerebrovascular accident due to congestive heart failure, quadriplegia and cervical spinal stenosis. The Board found that neither his service-connected lumbar spine disorder nor right nephrectomy contributed to his death.

The Board has denied the Veteran's claims for service connection for various conditions, finding that there is no evidence of a nexus between any claimed condition and his military service.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the previously denied claims for service connection for a right shoulder disorder, neck disability, and chronic back disability.

The Veteran's service-connected cervical spine disability does not meet the criteria for a TDIU rating as he is still able to engage in some form of substantially gainful occupation.

The Veteran's claims for right knee disability, sinusitis, and Bell's palsy were denied as they were not incurred in or related to his active service. The cervical spine claim was also denied as the current disability does not meet the criteria for a higher rating.

The Board has determined that a VA examination is needed to clarify the relationship between the Veteran's current cervical spine disorder and her service, as well as to address the issue of whether she incurred any other conditions during service.

The Veteran's disability picture encompasses a variety of significant multi-system disabilities, factually rendering her more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person. The Board grants special monthly pension benefits based on the need for regular aid and attendance.

The Board found that the appellant did not have current diagnoses of a cervical spine disorder, low back disorder, left shoulder disorder, or bilateral carpal tunnel syndrome related to his military service. Therefore, service connection for these conditions was denied.

The Veteran's claims for service connection for bilateral hearing loss, neck disability, and back disability were denied. The Board found that there was no competent evidence of current disabilities or a nexus between the claimed conditions and service.

The Veteran's cervical spine disability is granted as service connected. The Veteran's lumbosacral myositis with radiculopathy is rated at 40 percent since July 8, 1998.