Neck / cervical spine decisions — 2010

The Board has determined that the Veteran's claims for service connection for his claimed conditions are denied as there is no credible evidence of in-service injury or disease, and the preponderance of the evidence does not support a finding of a nexus between any current disability and service.

The Board has reopened the claim for service connection for a cervical spine disability and granted service connection. The Veteran's current cervical spine disability is found to be related to his military service, specifically a whiplash injury in service. An initial rating of 10 percent was assigned for degenerative joint disease of the right ankle.

The Board found that the Veteran's diagnosed lumbosacral and cervical spine disabilities did not manifest due to service, and thus denied his claims for service connection.

The Veteran's claims for service connection were denied. The Board found that new and material evidence had been submitted to reopen the claim for right knee chondromalacia, but did not find any other conditions related to active service.

The Veteran's original claim for service connection was received more than one year after his discharge from active duty, and thus the effective date of service connection is June 8, 2004.

The Veteran's service-connected diabetes mellitus is not productive of episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization, and his cervical spine disability with neck, shoulder, and arm pain is not found to be related to the diabetes.

The Veteran's claim for an increased evaluation for his service-connected degenerative changes of the cervical spine was granted, with a 20 percent rating effective April 11, 2000. The appeal is denied as there is no evidence to support a higher combined evaluation during the appeal period.

The Board denied the Veteran's claims for service connection for a cervical spine disorder, his claim to reopen for service connection for a low back disorder, and his claims for compensable ratings for brachial plexus compression. The decision also addressed whether he was entitled to a 10 percent rating under 38 C.F.R. § 3.324 for multiple, nonservice-connected disabilities and TDIU entitlement.

The Veteran's appeal is dismissed as the claim of an earlier effective date for a right ankle disability was not properly raised. The issues of service connection for wrist and neck disorders are denied due to lack of evidence of current disabilities.

The Veteran's claims for increased ratings for cervical strain, myositis and degenerative joint disease in the cervical area are being remanded due to a need to obtain SSA records.

The Board denied service connection for a brainstem disorder and a cervical spine disorder, finding that the Veteran's conditions were pre-existing and not aggravated by military service. The headaches are also found to be unrelated to service or any service-connected disability.

The Board found that a cervical spine disorder was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability. The claim for secondary service connection was denied.

The Veteran's claims for higher initial ratings for DDD of the cervical and lumbar spine were denied as his conditions did not meet the criteria for a rating in excess of 20 percent under the effective September 23, 2002 or September 26, 2003 rating criteria.

The Veteran's claim for service connection for diabetes mellitus type II, carpal tunnel syndrome, sleep apnea, and hypocalcemia was granted. The effective date for the grant of service connection for a gynecological disability was set at December 4, 2001, and for the grant of service connection for hypoparathyroidism at August 25, 1998.

The Veteran's cervical spine disability is currently rated at 30 percent, effective from November 3, 2009. The Board found that the criteria for a higher rating were not met due to lack of unfavorable ankylosis of the entire cervical spine.

The Veteran's claims for service connection for spondylosis of the cervical spine with degenerative disc disease C5-6 and C7, left varicocele, and right shoulder bursitis are all denied as there is no current evidence of a disability or nexus to service.

The Veteran's cervical spine disability has been objectively shown to be manifested by no more than degenerative disc disease, a cervical spine range of motion of forward flexion of 0 to 45 degrees with pain beyond 35 degrees, extension of 0 to 45 degrees, right lateral flexion of 0 to 45 degrees with pain beyond 35 degrees, left lateral flexion of 0 to 45 degrees, right lateral rotation of 0 to 80 degrees with pain beyond 70 degrees, and left lateral flexion of 0 to 80 degrees; normal sensation around the neck and shoulders; normal upper extremity muscle strength, and no radiculopathy. As such, an initial evaluation in excess of 10 percent is not warranted for the Veteran's cervical spine degenerative disc disease at any time during the pendency of this appeal.

The Veteran's claims for increased evaluations of his cervical spine disability and initial evaluation for headaches are being remanded to the RO for further development.

The Veteran's claims for increased ratings for cervical spine degenerative arthritis and PTSD, as well as his TDIU and DEA claims, have been withdrawn by the appellant. The earlier effective date claims are also dismissed.

The Board granted an earlier effective date of November 5, 1997 for the award of TDIU based on VA outpatient treatment records indicating the Veteran was totally disabled due to service-connected PTSD.