Neck / cervical spine decisions — 2009

The Board has granted service connection for degenerative joint disease of the cervical spine and degenerative joint disease of the lumbar spine, finding that these conditions are related to the appellant's military service.

The Veteran's initial evaluations for degenerative disc disease of the cervical spine and left arm numbness were denied as they do not meet the criteria for a higher evaluation.

The Veteran's claim for service connection for hypertension was denied. His PTSD was granted with a 50% evaluation, effective August 2005. The issue of an extraschedular evaluation for PTSD remains pending.

The Veteran's claims for increased ratings for cervical spine strain and lumbar spine strain were denied as he failed to report for scheduled VA examinations.

The Veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has denied the Veteran's claims for service connection for impotence, peripheral vascular disease, and degenerative joint disease of the cervical spine. The Board found that these conditions did not meet the criteria for direct service connection due to lack of evidence showing their onset during or within one year after service.

The Board has determined that the Veteran's claimed conditions are not service-connected due to clear and unmistakable evidence showing they existed prior to his entry into active service.

The Veteran's cervical spine disorder has not resulted in more than moderate intervertebral disc syndrome, incapacitating episodes, limitation of motion which is more than moderate in degree, limitation of forward flexion of the cervical spine to 15 degrees or less, or favorable ankylosis of the entire cervical spine. Therefore, his claim for a higher rating for his cervical spine disorder is denied.

The Board has determined that the Veteran's current cervical and thoracic spine disabilities were aggravated by her active service beyond the normal progression of the original back injury.

The Veteran's PTSD, cervical spondylosis, left shoulder pain, right ankle arthritis, and left ankle arthritis have been granted service connection. The Veteran did not engage in combat during active military service.

The Veteran's claims for increased ratings for his service-connected cervical spine disorder and stomach disorders were denied. The cervical spine disorder claim was partially granted, with a 30 percent disability rating assigned from February 18, 1971 to July 25, 1995, but the issue of entitlement to an initial evaluation in excess of 10 percent for the mechanical thoracic strain remains pending. The stomach disorder claim was denied.

The Board denied service connection for a cervical spine disorder and sexual dysfunction, finding no evidence of a causal relationship to service or the Veteran's service-connected low back disorder.,The claim for anxiety disorder was not reopened as new and material evidence was not received.

The Veteran's service-connected cervical and lumbar spine disabilities, along with radiculopathy of the right upper extremity, left lower extremity, and right lower extremity, have been granted separate evaluations. The Veteran is also granted a TDIU based on his service-connected disabilities.

The Veteran's claim for service connection for a cervical spine disorder has been reopened and is granted. The Veteran also received an increased rating for his impotence, claimed as secondary to his service-connected lumbar spine disorder, and was granted a TDIU rating.

The Board has granted increased evaluations for degenerative disease of the cervical spine and muscle cramping, with a rating of 10 percent each.

The Board denied the Veteran's request to reopen his claim for service connection for residuals of a fracture of cervical vertebrae, as he did not submit new and material evidence. The claims for hearing loss and tinnitus are pending and will be addressed in the REMAND portion.

The Board has granted a 10 percent rating for cervical spine arthritis, effective from the date of the July 2007 rating decision. The right hip disability and lumbar spine disability claims are remanded.

The Veteran's appeal has been dismissed as he withdrew his hearing request and appeal.

The Board finds that the Veteran is not entitled to fee-basis surgical placement of an intrathecal pain pump, nor is she entitled any maintenance or medication refills for the pain pump currently implanted. Thus, the claim is denied.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining SSA records and VA outpatient treatment records. The cervical spine disorder claim requires a Statement of the Case (SOC).