Neck / cervical spine decisions — 2009

The Veteran's claims for service connection and increased ratings were denied. The right knee disability was rated at 10 percent, the neurological impairment of the right upper extremity was not rated higher than 20 percent, and the cervical spine DDD was not rated higher than 10 percent.

The Veteran seeks service connection for cervical and lower back disabilities, with the latter potentially secondary to his service-connected left ankle osteoarthrosis. The Board finds that a remand is necessary to address the relationship between the Veteran's service from January 1975 to September 1979 and his current neck and low back conditions.

The Veteran's cervical spine, left shoulder, gout of the feet, and gout of the right knee disabilities were not found to be related to his service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for degenerative disc disease of the cervical spine and thoracolumbar spine. The preponderance of the medical evidence is against a finding that these disabilities were incurred in or related to service.

The Board has denied the Veteran's claim for an earlier effective date for service connection of degenerative disc disease with central stenosis of the cervical spine, finding that the earliest date of entitlement is October 25, 2004.

The Veteran's claims for service connection and initial disability evaluations have been denied. The Board found no new and material evidence to reopen the claim for lumbosacral strain, and determined that his neck, liver condition, gouty arthritis, and hypertension were not incurred or aggravated in service.

The Board has determined that the evidence supports reducing the evaluation for lumbosacral strain from 40 percent to 20 percent, effective March 1, 2007. The Veteran's service-connected bowel disorder is not supported by competent medical evidence and thus denied.

The Veteran's claim for increased evaluations and service connection was denied. The primary issue was the evaluation of his cervical spine condition, which resulted in a 30% rating.

The Veteran's cervical spine disability was granted an increased rating to 20 percent, but his claim for service connection of a bilateral shoulder disability secondary to the cervical spine disability was denied.

The Veteran's depression is found to be secondary to his service-connected cervical spine disability, and he meets the criteria for a total disability rating based on individual unemployability due to both disabilities.

The Board has determined that the Veteran's cervical spine disability is proximately due to or the result of his service-connected lumbosacral spine disability, and thus grants service connection for this condition.

The Veteran's claims for increased evaluations of his service-connected lumbar and cervical spine disabilities were denied. The Board found that the evidence did not support a higher evaluation prior to June 7, 2004, or from June 7, 2004.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and determining the nature of his periods of National Guard duty.

The Veteran's claims for increased ratings and an earlier effective date for his service-connected thoracolumbar and cervical spine disabilities were denied. The RO found that the evidence did not support a rating in excess of 20 percent for either condition, nor did it show any incapacitating episodes warranting a higher evaluation under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes (Formula for Rating IVDS).

The Board denied the Veteran's claims for service connection for a cervical spine disorder, left leg radiculopathy, and right knee disorder due to lack of evidence showing a chronic condition during or after service.

The Board has granted service connection for the Veteran's lumbar and cervical spine disorders, finding that these conditions are related to his military service.

The Veteran's service-connected disabilities, which include depression, cervical spine strain, traumatic injury to the lumbosacral spine with strain, post-traumatic right supraorbital neuropathy, and visual field defect of the right eye with glaucoma, have been rated based on their individual effects. The combined rating is 80 percent.

The Board denied the reopening of the claim for service connection for cervical spine disability, finding that new and material evidence was not received to support the claim.

The Veteran's low back strain is currently rated as 10 percent disabling.,The Veteran's post traumatic arthritis of the cervical spine is currently rated as 10 percent disabling.

The Veteran withdrew his appeal for the initial claims of increased ratings for cervical and lumbosacral spine disabilities before the Board could make a decision.