Neck / cervical spine decisions — 2009

The Board found that the preponderance of the evidence is against the claim for service connection for a neck disability.

The Board denied the Veteran's applications to reopen claims for service connection for a lumbar spine disability, varicose veins of both lower extremities, right shoulder disability, and cervical spine disability.

The Board denied the Veteran's claim for service connection for degenerative joint disease of the cervical spine, as there is no competent medical evidence establishing a causal connection between the in-service muscle spasms and the current disability.

The veteran's lumbar and right ankle disabilities were granted increased ratings, while the cervical spine disability was denied an increase. Service connection for a left foot/ankle disorder as secondary to service-connected residuals of fracture of the right distal tibia and right fifth toe was established.

The veteran withdrew his appeal for an increased evaluation for chronic allergic conjunctivitis with dry eye syndrome.

The veteran's migraine headaches are rated at 50 percent, and he is granted service connection for tinnitus.

The veteran's claim for an initial rating in excess of 10 percent for degenerative intervertebral disc disease of the cervical spine is being remanded to afford him a VA examination.

The Board denied service connection for deep vein thrombosis of the left leg, sleep apnea, and post-traumatic stress disorder as there was no competent medical evidence establishing a link to active service.

The Board has reopened the claims for service connection for PTSD and a low back disability, but denied service connection for disabilities of the cervical and thoracic spine.

The veteran's cervical spine disability was rated at 50 percent, while the right ankle remained at 20 percent. The combined rating did not exceed 40 percent.

The veteran's cervical spine strain did not meet the criteria for an increased initial rating greater than 10 percent prior to April 17, 2008, and greater than 20 percent thereafter.

The Board found that an evaluation in excess of 10 percent for DDD of the cervical spine prior to December 3, 2002, and in excess of 20 percent since December 3, 2002, was not warranted.

The veteran's service-connected cervical spine disability is not manifested by forward flexion of the cervical spine to 15 degrees or less, by favorable ankylosis of the entire cervical spine, or by incapacitating episodes having a total duration of at least four weeks.

The Board remands the issues of entitlement to service connection for a back and neck disability as additional development is required.

The Veteran's claims for increased ratings were denied, with the effective date of the increased rating for traumatic degenerative changes, right shoulder being May 10, 2006.

The Board denied the Veteran's claims for service connection for a low back disability and a neck disability, finding that new and material evidence had not been submitted to reopen the claim for a low back disability, and that there was no evidence of an in-service injury or disease related to the current neck disability.

The Board remands the claims for a lumbar and cervical spine disorder to schedule the Veteran for a VA examination to determine their etiology.

The Board denied the Veteran's claim for special monthly compensation based on the need for regular aid and attendance, as the preponderance of evidence did not show that his service-connected conditions rendered him permanently bedridden or unable to perform self-care tasks without assistance.

The Board found that the Veteran's current cervical spine disability is not related to his active duty service and denied service connection.

The Board found that new and material evidence had been received to reopen the claims for service connection for bilateral wrist injuries and a bilateral shoulder disability, but did not address the merits of these claims. The appeal was remanded for further development.