Neck / cervical spine decisions — 2009

The Veteran's hypertension is reopened as there is evidence that it may be related to service. The Veteran's back and neck disabilities are also reopened as the additional evidence suggests they may be due to service.,The claims of service connection for residuals of a back injury (degenerative disc disease) and residuals of a cervical spine injury (degenerative disc disease) are both remanded for further development.

The Veteran's claim for an increased evaluation for her service-connected neck injury with cervical spine degenerative joint disease and sprain is being remanded due to the need for further examination and development of the record.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine and tinea versicolor of the neck were denied as these conditions are not shown to be related to her military service. Her claim for herpes was granted with a non-compensable rating.

The Board has reopened the Veteran's claim for service connection for a cervical spine disability due to new and material evidence, but denied the claim as there is no medical evidence of record showing a causal relationship between his active service and his current condition.

The Board has remanded the case for additional development, including obtaining VA examinations and attempting to obtain a spousal examination report.

The Veteran's TDIU claim is being remanded due to the need for a VA examination and opinion regarding his service-connected low back and cervical spine disabilities. The informal claims for higher ratings are also pending.

The Veteran's right and left trapezius strains, right hip strain, left hip strain, and a disability characterized by edema of the lower extremities (claimed as right and left thigh pain) are all found to be proximately due to her service-connected migraine headaches. Service connection for additional right and left knee disabilities is denied as they are not related to service or secondary to a service-connected condition. The Veteran's cervical spine disability is also denied as it was not incurred in service.

The Veteran's cervical spine disability is being remanded for further development, including obtaining a medical opinion on whether it is related to service or his service-connected lumbar spine disability.

The Veteran's claims for increased disability ratings for his service-connected allergic rhinitis, cervical spine condition, and left ear hearing loss have been denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's right arm condition was proximately due to, or the result of, his service-connected neck disability. The Board finds that he is entitled to service connection for such condition.

The Board has determined that the Veteran's cervical spine disability is related to his in-service injuries and grants service connection for this condition.

The Veteran's cervical spine disability has been rated as 10 percent disabling since November 2005. The Board found that the current manifestations of her cervical strain do not warrant a higher rating due to lack of limitation of motion and no ankylosis.

The Board has remanded the case for additional development to determine if service connection should be granted for neck disability, back disability, and sleep problems.

The Veteran's claim for service connection for left ear hearing loss was denied as she did not have a current disability. The claims for the other conditions were also denied due to lack of evidence linking these conditions to her military service.

The Veteran's appeal is remanded for additional development, including scheduling a VA examination to assess the current status of his service-connected cervical and lumbosacral spine disorders.

The Veteran's post-traumatic peripheral neuropathy, right cervical area, C3-C4, manifests in pain and modest sensory loss. The Board finds that the evidence does not support a higher rating than 10 percent under Diagnostic Code 8411.

The Veteran's cervical strain was rated at 20 percent effective March 3, 2004.,A separate rating of 20 percent for radiculopathy of the right upper extremity is granted beginning September 2009.,Lumbosacral strain remains rated at 40 percent. A separate rating of 10 percent for radiculopathy of the right lower extremity is also granted.

The Veteran's service connection claim for degenerative joint disease of the cervical spine was denied, while his right ankle disability received a higher rating.

The Veteran's appeal has been withdrawn by the appellant through her authorized representative.

The Veteran's service-connected cervical spine disability is currently rated at 10 percent, and the Board finds that a higher rating of 20 percent is warranted based on his subjective complaints of pain and stiffness.