Neck / cervical spine decisions — 2009

The Veteran's claim for a cervical spine condition was denied, and his request for an increased rating for lumbosacral strain remains pending.

The Board has reopened the claim for service connection due to new evidence showing a history of neck pain since service, but has denied the claim as there is no link between the Veteran's current cervical spine disability and his in-service injury.

The Veteran's service-connected cervical spine disability is currently rated at 20 percent, but the Board finds that this rating does not adequately reflect the severity of his symptoms and functional impairment.

The Board has determined that the appellant's current low back and neck disabilities are as likely as not caused by or related to his in-service motor vehicle accident, granting service connection for these conditions.

The Veteran's claim for a TDIU is being remanded due to the need for additional evidence and an examination to assess his employability given his service-connected disabilities.

The Veteran's cervical spine disability is currently rated at 30 percent, effective March 27, 2007. The Board found no evidence of ankylosis or incapacitating episodes due to the service-connected condition and denied his claim for a higher rating.

The Board found no medical evidence to support a direct link between the Veteran's neck disability and his military service, resulting in denial of the claim.

The Veteran's service-connected disabilities, including his adjustment disorder, right shoulder tendinitis, right arm radiculopathy, cervical spine condition, pes planus, and pseudofolliculitis barbae (PFB), have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the Veteran's TDIU claim.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the cervical and lumbar spine is being remanded due to the need for a contemporaneous VA examination.

The Veteran's neck and low back disorders were not incurred in or aggravated by service. The Board found no medical evidence linking the current conditions to his military service.

The Veteran's appeals for service connection for cervical stenosis and thoracolumbar spine disability have been withdrawn. The appeal for financial assistance in the purchase of an automobile or other conveyance has been denied.

The Board finds that the Veteran's current cervical spine disorder, to include degenerative joint and disc disease, was not incurred in or aggravated by active service. The VA examiner opined that it is less likely than not related to his period of service.

The Veteran withdrew from appeal the claims of service connection for degenerative disc disease of the cervical spine and for a disability of the lumbar spine, as well as the claim for an initial rating higher than 10 percent for a left knee disability.

The Veteran's appeal was dismissed due to the withdrawal of his claim for an increased rating for residuals of removal of right rib and left rib. The remaining issues were not addressed as they are downstream from the initial rating decision.

The Veteran's appeal is remanded for further development, including obtaining VA Vocational Rehabilitation records and a VA examination to assess the severity of his cervical spine disability. The issue of service connection on a secondary basis for headaches is referred to the RO.

The Board denied the Veteran's claims for higher initial disability ratings for his service-connected ankylosing spondylitis of the cervical spine and thoracolumbar spine, effective from June 22, 2001.

The Veteran's claims for increased disability rating and service connection were denied. The Board found that the Veteran's lumbar spine strain was properly rated at 10 percent, but not higher. Claims for right arm, shoulder, and head/neck disabilities were also denied as secondary to his service-connected lumbar spine strain.

The Veteran's cervical spine disability is currently rated at 30 percent, effective May 1, 2007. The Board found that a higher rating was not warranted based on the evidence of record.

The Veteran's claims for increased disability rating, service connection, and special monthly compensation are being remanded due to the need for further development.

The Board has reopened the claims for service connection for Wolf Parkinson White Syndrome and a cervical spine disorder, but further development is needed before these claims can be decided.,There is no evidence of an in-service head injury or lumbar spine disorder. The Veteran's reports are not credible.