Neck / cervical spine decisions — 2009

The Board denied service connection for cervical and lumbar spine disorders, granted a 100 percent rating for PTSD, but did not grant a total disability rating based on individual unemployability due to service-connected disability.

The appeal is remanded to obtain additional National Guard service medical and personnel records to determine if the Veteran was serving on active duty, active duty for training, or inactive duty for training at the time of the claimed cervical spine injury.

The Board denied service connection for all claimed conditions as there was no evidence of a chronic condition in service or within the applicable presumptive period, and no competent medical evidence linking any current disability to active duty.

The Board denied service connection for a low back disorder, degenerative joint disease of the cervical spine, and dysthymic and anxiety disorders. The claim to reopen for migraine headaches was also denied.

The Veteran's cervical spine disability was granted a rating of 30 percent effective November 4, 2008, based on the limitation of flexion to 15 degrees.

The Board denied service connection for bilateral hearing loss, headaches, a neck disability, a left knee disability, and a right knee disability as there was no evidence of current disabilities.

The Board granted service connection for a cervical spine disorder and a bilateral shoulder disorder, resolving all reasonable doubt in the Veteran's favor.

The Board denied the claims for increased ratings as there was no evidence of severe limitation of motion or other factors that would warrant a higher rating.

The appeal is remanded to the RO for additional development, including a new VA examination that accurately addresses the medical evidence of record and considers whether the Veteran's lay statements regarding continuity of symptomatology support a finding of a nexus between the in-service golf cart injury to the back and his present cervical and thoracic spine disorders.

The appeal is remanded to the RO for further development of evidence related to the Veteran's claims.

The appeal is remanded for additional development to address whether the Veteran's degenerative disc disease of the cervical spine was caused or aggravated by his service-connected right knee disability.

The Board denied an initial rating higher than 10 percent for degenerative joint disease and degenerative disc disease of the cervical spine, and denied an initial compensable rating before July 18, 2006, and an initial rating higher than 10 percent from July 18, 2006, for degenerative joint disease and degenerative disc disease of the lumbar spine.

The Veteran's cervical spine disability was not incurred during service and is not related to his service-connected lumbar spine disability.

The Veteran's service connection for tinnitus was granted, and his disability rating for hypertension was maintained at 10 percent. The claims for an increased rating for migraine headaches and service connection for bilateral hearing loss were denied.

The Board remands the case for a VA examination to determine if the Veteran's lumbar and cervical conditions are related to his military service.

The Board denied service connection for residuals of a head injury, nerve damage to C5-6 of the cervical spine with radiation to the upper extremities, drug use, and residuals of a left ankle fracture as there was no evidence linking these conditions to the Veteran's active duty.

The Veteran's claims for an increased rating, TDIU, and service connection for PTSD were denied by the Board of Veterans' Appeals.

The Veteran's cervical radiculopathy of the left upper extremity is rated as 20 percent disabling, and his degenerative disc disease of the cervical spine does not warrant a rating in excess of 20 percent.

The claim for an effective date earlier than November 10, 1997, for the grant of service connection for a cervical spine disorder is denied.

The Board denied the claims for service connection for degenerative disc disease of the cervical spine and DDD and arthritis of the lumbar spine, as no disability was shown in service or for many years thereafter, and there is no evidence to support that these disabilities are related to service.