Neck / cervical spine decisions — 2009

The appeal is remanded for a VA examination to determine the nature and etiology of any cervical spine and upper extremity neurological disorder.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not meet the criteria for higher ratings or service connection.

The appeal is remanded for further development, including obtaining missing medical records and scheduling a VA examination.

The veteran withdrew his appeal for all issues, and the Board dismissed the case.

The Veteran was granted a rating of 20 percent for cervical radiculitis with radiation into the left upper extremity prior to September 23, 2002, and a 30 percent rating from that date forward. Service connection for a left shoulder disability was denied.

The Board denied increased ratings for carpal tunnel syndrome, depressive disorder, and hypertension, granted a 10 percent rating for right foot hallux valgus status-post bunionectomy, and denied service connection for cervical spine and left ankle disorders.

The Veteran's cervical spine disability was rated at 30 percent due to severe limitation of motion.

The Board denied service connection for degenerative joint disease of both lower and upper extremities, cervical spine, lumbar spine, respiratory disability, psychiatric disorder, and pes planus as there was no evidence to support a finding that these conditions were incurred in or aggravated by active service.

The Board found that the reductions in ratings for rhabdomyolosis, lumbar spine and other body parts were proper.

The Board denied an increased evaluation for the cervical spine disability, finding that the current 30 percent rating was appropriate given the severely limited motion without unfavorable ankylosis.

The Veteran's ankylosing spondylitis and related disabilities of the right ankle, bilateral hips, lumbar spine, and cervical spine were granted service connection as they were found to have been aggravated by his military service.

The Veteran's cervical discectomy and fusion residuals were not found to be more than 10% disabling prior to February 2007, or more than 20% disabling since February 2007.

The veteran's claims for service connection and increased ratings were remanded to address the November 2004 Order of the Court, which required VA to inform the claimant of the information and evidence necessary to substantiate his claims.

The Board denied increased ratings for lumbosacral strain and degenerative disc disease of the cervical spine, as well as an earlier effective date for the 40 percent evaluation for lumbosacral strain.

The Board denied service connection for cervical and lumbar spine disabilities as there was no evidence of a relationship between the veteran's current conditions and his military service.

The Board denied service connection for low back strain and arthritis of the cervical spine, finding that these conditions were not incurred or aggravated by active service.

The Board found that the Veteran's degenerative disc disease of the cervical spine did not warrant a rating in excess of 30 percent for the period prior to January 1, 2009, and that the reduction from 30 percent to 10 percent was improper; however, a higher rating since January 1, 2009, is also not warranted.

The veteran's lumbar and cervical spine disabilities were rated at 20 percent for the lumbar spine and an initial rating of 20 percent was granted for the cervical spine, effective June 5, 2008 and January 4, 2008 respectively.

The Board denied the Veteran's appeal for restoration of a 40 percent disability rating for his left knee disability, finding that improvement in the condition warranted the reduction.

The Veteran's claims for service connection for headaches, an innocently acquired psychiatric disorder (including PTSD), and lumbar and cervical spine degenerative joint disease were denied as there was no evidence of a current disability or that the claimed conditions are related to his military service.