Neck / cervical spine decisions — 2009

The appeal was remanded to schedule the veteran for a hearing before a Veterans Law Judge at the RO.

The veteran's claims for increased ratings and service connection were partially granted, with some conditions receiving higher initial ratings than initially assigned.

The Board granted service connection for PTSD based on credible evidence of a sexual assault in service and medical evidence linking the veteran's current symptoms to that event.

The Veteran's claims for service connection for PTSD and increased ratings for right carpal tunnel syndrome, lumbosacral strain, and cervical strain were denied. However, a 30 percent rating was granted for the right carpal tunnel syndrome.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for upper and lower back strain, as the current spinal disorders were not likely related to the injury in service but rather to the degenerative process of aging and to an inability to exercise secondary to partial left-sided paralysis caused by a gunshot wound to the head after military service.

The Board denied service connection for a cervical spine disability, thoracic spine disability, and headache disability as the conditions were not attributable to service.

The Board denied the veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not support higher ratings.

The Board denied the Veteran's claim for an initial compensable rating for degenerative changes of the cervical spine prior to August 25, 2005, as service connection was properly severed and there is no basis under the schedule to award a compensable rating.

The Board denied service connection for neck and back disabilities as there was no evidence of an increase in severity during or as a result of active service, and the conditions were not related to service.

The Board denied service connection for bilateral hip disability, low back disability, cervical spine disability, bilateral hand disability, and shoulder disability as residuals of cold injury sustained from cold weather exposure in Korea.

The Board denied the veteran's claims for increased ratings, finding that the evidence did not support higher ratings for her service-connected disabilities.

The appeal is dismissed due to the Veteran's death.

The Board found that the preponderance of the evidence is against a causal or aggravation link between the appellant's current cervical, lumbar spine disabilities and his service-connected thoracic vertebrae compression fractures. The same was also found for bilateral carpal tunnel syndrome.

The Board denied the Veteran's claims for service connection for a back and neck disability as there was no evidence of an in-service injury or chronic disability, and no medical nexus between the claimed conditions and military service.

The Board denied the veteran's claims for service connection for a neck disorder and an increased rating for degenerative disc disease of the lumbar spine.

The Veteran's right shoulder disability warranted a rating of 20 percent prior to February 9, 2004, and no higher from that date. The claims for service connection for neck and upper back disabilities were denied.

The veteran withdrew his appeal for increased disability ratings and to reopen a claim for service connection for tinnitus.

The Veteran withdrew his appeal concerning the issue of entitlement to service connection for a lumbar spine disability.

The Veteran's claims for service connection for prostatitis and a right arm disability were denied, as there was no evidence of current conditions. The claim for an initial rating in excess of 20 percent for degenerative disc disease of the cervical spine, and other related issues, is being remanded for further development.

The veteran's chronic cervical musculoligamentous strain was rated at 30 percent for the period on and after July 22, 2008, but higher evaluations were not warranted. The right thoracic scoliosis did not meet criteria for a rating in excess of 40 percent.