Neck / cervical spine decisions — 2009

The Board denied the Veteran's claims for higher initial ratings for his service-connected healed oblique fracture of the proximal right C7 transverse process of the cervical spine and thoracolumbar strain, as the evidence did not support a rating in excess of 10 percent prior to June 27, 2008, or 20 percent thereafter.

The Board denied a rating in excess of 20 percent for DDD of the cervical spine and a rating in excess of 10 percent for Morton's neuroma of the left foot, with history of fracture of the left fifth metatarsal and degenerative joint disease of the left metatarsophalangeal joint.

The Board remands the claims for a lumbar spine disorder and cervical spine disorder to obtain an addendum VA examination that takes into consideration the Veteran's report of continuity of symptoms since service.

The Board denied the claims for service connection for arthritis of the lumbar spine and cervical spine as secondary to the Veteran's service-connected disabilities, and also denied entitlement to TDIU.

The Board denied the veteran's claims for initial compensable ratings and increased rating, as well as service connection for various conditions.

The Board has reopened the claim for service connection for mild degenerative changes, bilateral hips and granted service connection for tinnitus. The issue of entitlement to service connection for degenerative disc disease of the cervical spine is remanded.

The Veteran was granted an initial 10 percent rating for chronic left knee strain, and separate 10 percent ratings were assigned for cervical and lumbar spine osteoarthritis. The claims for increased ratings for tinnitus, bilateral hearing loss, and the remaining spinal conditions were denied.

The appeal is remanded for further development to ensure the Veteran's due process rights are met, including an adequate VA examination and review of recent medical records.

The Board denied service connection for a low back disability, impotence, and a neck disability. The claim for a low back disability was reopened but ultimately denied.

The Board found that the reduction of the Veteran's 30 percent rating for cervical spine strain, with disc herniation at C4-C5 and C5-C6, was improper, while reductions in ratings for tendonitis of both wrists and right trapezius strain were proper.

The Board remands the claims for service connection for a cervical spine disability and a lumbar spine disability to obtain additional evidence, including the appellant's complete service medical records.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death.

The Veteran's cervical spine disability was related to a helicopter crash in service, but there is no evidence of a current diagnosis of left lower extremity radicular pain.

The Veteran's appeal was withdrawn for all issues except TDIU, which has been granted effective April 7, 2005.

The Veteran's chronic fatigue syndrome is rated at 20 percent due to symptoms that nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level.

The veteran withdrew his appeals for increased disability ratings, and the Board dismissed all claims.

The Veteran withdrew his appeals for increased ratings on both conditions, thus the Board has no further jurisdiction in these matters.

The Veteran's service-connected disabilities do not render him unemployable, and he does not meet the criteria for a total disability rating based on individual unemployability.

The veteran's claim for service connection for post-traumatic stress disorder was denied, but the claim for a bilateral knee disorder was reopened. The veteran also received an increased rating of 60 percent for herpes simplex, type 2.

The Veteran's claim for service connection for degenerative spondylosis and stenosis of the cervical spine was denied because there is no evidence linking his current disability to an in-service injury or disease.