Neck / cervical spine decisions — 2009

The Board has remanded the case for further development due to inadequate reasons and bases in denying a rating in excess of 20 percent from March 26, 2004.

The Board has remanded the case for further development, including obtaining additional medical records and a VA examination to determine if the Veteran's current cervical spine disability is related to his service.

The Board has determined that the Veteran's claimed conditions are not related to her service, and thus denied all of her claims.

The Veteran's degenerative arthritis of the cervical spine is rated at 20 percent, and his COPD is rated at 60 percent. The Board also found that he meets criteria for TDIU.

The Board found no evidence of a cervical spine disorder during service and the earliest medical evidence of such condition is dated over 12 years after separation from service. The Board concluded that the Veteran's current cervical spine disorder is not related to his service or a service-connected disability, thus denying the claim for service connection.

The Board has determined that the Veteran's low back and cervical spine disorders are not related to his military service, thus denying service connection for these conditions.

The Board denied service connection for a neck disability and left arm bicep tendon rupture, finding that the Veteran's current disabilities are not related to his service-connected left shoulder disability.,Service connection was also denied for a rating in excess of 20 percent for residuals of traumatic dislocation of the left AC joint with shoulder arthritis.

The Veteran's low back disability is rated at 40 percent, effective January 12, 2005. His left knee disability remains at a noncompensable rating. The claim for an earlier effective date for the migraine headaches with syncope was granted and set to August 19, 2002.

The Board found no evidence of a neck injury or thoracic spine disorder in service and concluded that the Veteran's current cervical and thoracic spine disorders are not related to his military service.

The Veteran's claims for service connection on multiple conditions have been remanded due to procedural issues.

The Veteran's degenerative disc disease at L4-L5 and L5-S1 is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The claim for service connection of cervical spine and right shoulder conditions as secondary to the service-connected degenerative disc disease at L4-L5 and L5-S1 remains pending.

The Veteran's DDD of the cervical spine is rated at 30 percent, reflecting limited forward flexion and no incapacitating episodes or significant neurological impairment.

The Veteran's claims for increased ratings for his cervical spine and lumbar spine disabilities are being remanded to allow for additional development, including a new VA examination.

The Veteran's cervical spine disability has not been manifested by forward flexion of the cervical spine limited to 15 degrees or less, and he does not meet the range of motion limitations necessary for a higher rating. The current 20 percent rating takes into account his symptoms such as pain, fatigue, weakness, and lack of endurance.

The Board denied the Veteran's claims of service connection for a cervical spine disorder, found new and material evidence not sufficient to reopen the claim for right knee disorder, and denied increased rating claims for his left knee disabilities.

The Board has remanded the case for further development, including a VA examination and notification of the new and material standard in effect prior to August 29, 2001.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board denied the Veteran's claims of service connection for left shoulder and cervical spine disabilities, finding that any pre-existing conditions were not aggravated by service. The claim for bilateral hearing loss was also denied.

The Veteran's service-connected conditions have not met the criteria for increased evaluations beyond the currently assigned ratings.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical records and a VA physician's opinion regarding the etiology of his disabilities.