Neck / cervical spine decisions — 2009

The Veteran meets the schedular criteria for TDIU and it is likely that his service-connected disabilities prevent him from securing and following substantially gainful employment.

The Veteran's initial ratings for cervical and lumbar spine DDD were denied as they did not meet the criteria under 38 C.F.R. � 4.71a (1999).

The Veteran's claims for service connection for residuals of shin splints, cervical spine disorder, and right ankle strain with instability and subchondral injury were denied. The claim for low back disability was also denied as the evidence did not meet the criteria for an initial rating in excess of 10 percent prior to February 22, 1999; a rating in excess of 20 percent from February 22, 1999, to January 28, 2003; or a rating in excess of 40 percent as of January 29, 2003. The claim for scar status post excision of pilonidal cyst was also denied.

The Board finds that the Veteran's current right shoulder, cervical spine, and lumbar spine disorders are not related to his military service.,There is no medical evidence showing a link between the Veteran's in-service injury and his current conditions.

The Board has granted service connection for a cervical spine disability, right hip disability, and left knee disability as secondary to the Veteran's service-connected right femur and lower back disabilities.

The Veteran's appeal involves multiple issues related to his service-connected conditions, including shoulder and cervical spine disorders. The Board has determined that additional evidence is needed from the VA medical records and SSA determinations for a complete evaluation of these claims.

The Board denied the Veteran's request to reopen his claim for service connection for a cervical spine disorder and also denied his claim for service connection for a heart condition. The decision is final.

The Board found that the Veteran did not incur a cervical spine disorder during active military service and denied his claim for service connection.

The Board found that the Veteran's upper cervical pain was not incurred or aggravated by service and denied his claim for service connection. The Board also noted that there is no current diagnosis of a cervical spine disability to support a secondary service connection claim.

The Veteran's appeal is for increased ratings for service-connected degenerative joint disease of the cervical spine, lumbar spine, and right knee. The RO has granted service connection and assigned a single initial disability rating of 20 percent from March 1, 2004. During the course of the appeal, separate ratings were assigned to each condition. The Veteran's claim for increased ratings remains denied.

The Board has denied the reopening of the appellant's claims for service connection due to lack of new and material evidence.

The Veteran's cervical spine and thoracic spine conditions have been granted a disability rating of 40 percent, effective as of the date of this decision. The lumbar spinal stenosis condition has also been granted a disability rating.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are not related to his service, including a fall aboard the USS Samuel Gompers. The claims for service connection have been denied.

The Veteran's disability rating for pension purposes is 20 percent, which does not meet the requirements for non-service-connected disability pension due to his age and lack of a permanent and total disability.

The Board has determined that the Veteran's right shoulder and neck disabilities are related to his active military service, granting service connection for both conditions.

The Board has granted a 100% rating for schizophrenia and reopened the Veteran's claims of service connection for arthritis of the low back, knees, cervical spine, left hip, right femur, left femur, right hand, left hand, right wrist, left wrist, and left shoulder. The Veteran is also entitled to an increased rating for pseudofolliculitis barbae and pes planus.

The Board denied service connection for cervical spine and lumbar spine disorders, and did not assign a rating for the Veteran's skin disorder (tinea versicolor) as it was found to be less than five percent of his entire body or exposed areas affected.

The Board has granted a 30 percent evaluation for headaches, the maximum available under Diagnostic Code 8100. The other issues remain unchanged with noncompensable ratings.

The Board denied the Veteran's claims for increased ratings for his lumbar and cervical spine disabilities, finding that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's claim for service connection for a cervical spine disorder and PTSD has been granted. The Board found that the Veteran's current diagnoses are related to his active duty service.