Neck / cervical spine decisions — 2009

The case was remanded for further development to include a medical examination and opinion regarding the etiology of any current back and cervical spine disorders.

The Board granted a separate evaluation of 10 percent for functional impairment due to pain on motion of the veteran's service-connected cervical spine disability, but denied an increased evaluation in excess of 20 percent disabling for degenerative joint disease of the cervical spine.

The Board denied service connection for a neck disability and right hip disability, as well as a higher rating for the lumbar spine disability.

The veteran withdrew his appeals for service connection for Achilles tendonitis, gastrointestinal bleed, left shoulder condition, peripheral neuropathy of both upper extremities, hypertension, diabetes mellitus, automobile and adaptive equipment or for adaptive equipment only, special monthly compensation based on aid and attendance or housebound status, and evaluation in excess of 10 percent disabling for chronic myopathy secondary to the use of steroids for a service connected disability.

The claim for service connection for back injury, now claimed as arthralgia of the lumbar spine, is reopened. The claims for service connection for arthralgia of the cervical spine and knees are remanded for further development.

The Board granted service connection for a neurological disorder claimed as organic brain syndrome and/or dyslexia, and a cervical spine disorder. Carpal tunnel syndrome of both upper extremities was denied.

The Board denied increased ratings for the veteran's service-connected low back and cervical spine disabilities, an initial compensable evaluation for left cervical radiculopathy, and service connection for right ankle weakness, hypertension, and erectile dysfunction.

The Board denied the veteran's claim for service connection for degenerative disc disease of both the cervical and lumbar spine, as there was no evidence showing that his back conditions were related to his service.

The Board found that the veteran's cervical spine disability, to include spina bifida, was not related to his military service, including Agent Orange exposure.

The Board granted a 20 percent rating for the cervical spine disability prior to April 18, 2008, and a 30 percent rating since that date. The left lower extremity radiculopathy was rated at 10 percent but no higher.

The veteran's claims for service connection for bilateral hearing loss, tinnitus, degenerative joint disease of the entire spine, ulcerative colitis, hypertension, and a disability as a result of vaccinations in service were denied. The claim for an increased rating for sinusitis was also denied.

The Board remands the case for additional development, including providing proper notice regarding the cervical spine/neck disorder claim and scheduling an examination to determine the etiology of any seizure disorder.

The Board denied service connection for a low back disability, neck disability, and skin disability as there was no credible evidence of a nexus between the claimed conditions and the veteran's active duty.

The Board denied service connection for PTSD and determined that new and material evidence had not been submitted to reopen the previously denied claims of service connection for a low back disability, bilateral knee disability, scars of the right eyelid and forehead, and right eye injury. However, it was found that new and material evidence had been submitted to reopen the claim of entitlement to service connection for headaches.

The Board denied service connection for cervical and thoracic spine disorders as secondary to the veteran's service-connected lumbar spine and right shoulder disabilities, finding no evidence of a unique cervical or thoracic spine disorder. The claim for service connection for right arm and hand pain and numbness was remanded for further development.

The Board denied earlier effective dates for the awards of a 30 percent rating for a neck injury with cervical arthritis and degenerative disc disease, service connection for radiculopathy of the left and right upper extremities, TDIU, and service connection for a low back disability.

The veteran's claim for service connection for a dental disorder, claimed as bleeding gums, was denied because periodontal disease is not a compensable condition.

The veteran's claims for increased ratings and service connection were partially denied, with a 30 percent evaluation granted for headaches.

The Board denied service connection for a right knee disability, chronic neck and hip disabilities, bilateral tendonitis, bilateral heel disability, left ear hearing loss, peripheral neuropathy, and chronic eye disability. However, it granted service connection for a skin disability due to in-service exposure to sunlight and chemical irritants.

The veteran's claims for service connection, increased ratings, and a compensable rating are being remanded for further development.