Neck / cervical spine decisions — 2010

The Board finds that the Veteran does not have hearing impairment of the left ear that meets VA compensation criteria. Service connection for hearing loss of the left ear is denied.

The Veteran's initial ratings for various conditions have been granted and assigned. The effective dates are not specified.

The Veteran's claims for service connection were denied due to lack of evidence showing a link between her conditions and her time in military service. The Board found that the new evidence submitted since the previous denial did not provide sufficient information to reopen any of the claims.

The Board has determined that the Veteran's cervical spine disability and lumbar spine disability are not service-connected, as there is no evidence of a chronic condition in service or for many years thereafter.

The Board denied increased ratings for cervical spine degenerative joint disease, lumbar spine degenerative joint disease, and residuals of prostate cancer.

The Board has reopened the Veteran's claim for service connection for cervical and lumbar spine disorders, finding that new and material evidence was submitted. The Board established service connection for these conditions as secondary to his service-connected compression fracture of the 12th dorsal vertebra.

The Veteran's PTSD is granted with a rating of 70 percent. Service connection for bilateral arm disability and cervical spine disability are both granted on the basis of exposure to Agent Orange during service.

The Veteran's headaches are rated at 30 percent, effective October 19, 2006. The maximum schedular rating of 50 percent is not warranted as the evidence does not meet the criteria for very frequent completely prostrating and prolonged attacks.

The Veteran's service-connected disabilities, consisting of myositis of the posterior cervical muscles and left hand scar, do not meet the percentage standards set forth in 38 C.F.R. § 4.16(a) for a TDIU on a schedular basis. However, his case is referred to the Director of Compensation and Pension Service for consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's claim for an increased rating for degenerative joint disease of the cervical spine was denied by the Board. The Veteran has unfavorable ankylosis of the entire cervical spine, but not the thoracolumbar spine.

The Veteran's bilateral hearing loss is not compensable.,For the cervical spine, a rating in excess of 20 percent prior to May 7, 2007 and a 20 percent rating from that date are denied. A 40 percent rating for the lumbar spine is granted effective September 8, 2008.,For the cervical spine, a 20 percent rating was previously assigned and remains unchanged. For the lumbar spine, a 40 percent rating is now in effect from September 8, 2008.

The Veteran's service-connected cervical facet arthropathy is currently evaluated at 20 percent, but the Board found that it does not warrant a higher rating based on the current evidence.

The Board has remanded the Veteran's claims for further development due to insufficient medical opinions and procedural defects in notification.

The Board found that the Veteran's degenerative arthritis of the cervical spine is not related to his military service and denied his claim.

The Board has determined that the Veteran's right knee medial meniscus tear and degenerative joint disease, left foot metatarsalgia and third metatarsal head disorder, cervical spine spondylosis, and lumbar spine spondylosis are all related to service. The decision is based on a review of the Veteran's medical history and examination findings.

The Veteran's combined rating is 60 percent, which does not meet the percentage standards for a TDIU rating under 38 C.F.R. § 4.16(a). The Board finds that an extraschedular total disability rating based on individual unemployability due to service-connected disabilities is not warranted.

The Veteran withdrew his appeals for the issues of service connection for bilateral hip disability, cervical spine disability, hiatal hernia and deformity with spasticity of duodenal bulb, numbness with burning dysesthesia, degenerative disc disease at L4-5, and radiculopathy of the left leg. The appeal was dismissed.

The Board has determined that there is no competent evidence linking the veteran's current disabilities with service, and thus denied all claims for service connection.

The Veteran's appeal is denied as his service-connected scars on the dorsum of the left hand and on the right wrist over the distal radius do not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Veteran's claims for increased ratings were denied. The RO found that the evidence did not support a higher rating for any of his service-connected conditions.