Neck / cervical spine decisions — 2010

The Veteran's PTSD and cervical spine disabilities were denied increased ratings, with the PTSD rated at 30 percent and the cervical spine disability rated at 20 percent.

The Veteran's service-connected disabilities do not result in loss of use of either foot or lower extremity, and the Board finds that his inability to walk without crutches is due to spinal conditions rather than a service-connected condition.

The Board has remanded the case for further development, including obtaining additional medical records and providing an addendum to the previous examination report.

The Veteran's service connection claims for scar tissue in the lumbar spine and degenerative arthritis of the right hip are denied as there is no evidence linking these conditions to his active service.

The case is being remanded for additional development, including review of new evidence submitted by the Veteran and issuance of a supplemental statement of the case.

The Board has granted service connection for cervical spine arthritis with degenerative disc disease and chronic muscle strain, but denied service connection for right shoulder arthritis with chronic muscle strain and left shoulder arthritis with chronic muscle strain as not related to service or a service-connected disability.

The Board found that the appellant's cervical spine surgery residuals were not caused by VA's carelessness, negligence, or error in judgment. The decision concluded that compensation under 38 U.S.C. § 1151 is not warranted.

The Veteran's appeal is being remanded to obtain a VA examination and determine the current level of disability due to his service-connected cervical spine disability. Additionally, TDIU will be referred for consideration.

The Veteran's cervical spine disability is currently rated at 30 percent, but the Board finds that his claim for an increased rating cannot be granted as there are no incapacitating episodes of at least four weeks duration in the previous year.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine, respectively. The claim is granted.

The Veteran's cervical myelopathy is related to his service-connected residuals of radiculopathy with right foot drop and intervertebral disc syndrome of the lumbar spine, and thus it is considered aggravated by these conditions.

The Veteran's appeal is being remanded for further development, including obtaining medical opinions and Social Security Administration records.

The Board found that the Veteran's degenerative changes of the cervical spine and right shoulder were not incurred in or aggravated by service, nor may they be presumed to have been incurred in or aggravated by service. The evidence did not show a compensable degree of arthritis within one year after separation from service.

The Board denied the Veteran's request to reopen his claim for service connection for a cervical spine disorder and found that new and material evidence had not been submitted. The Veteran's depression was rated at 30% prior to March 21, 2002, but increased to 50% from March 21, 2002 through August 15, 2005. His right shoulder disability is currently rated as 10%, and the maximum schedular evaluation for limitation of motion has not been met. The Veteran's claim for an effective date prior to May 30, 2001 for service connection for depression was also denied.

The Board has granted effective dates of August 16, 2004 for service connection of low back disability, cervical spine disability, and right shoulder degenerative joint disease.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Board has determined that the Veteran's cervical and lumbar spine disorders are not related to his military service, and thus denied both claims.

The Board has determined that the Veteran's claimed residuals of cervical injuries were not incurred in or aggravated by service, and therefore denied his claim.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and scheduling an orthopedic examination.

The Veteran's appeal for higher ratings on multiple service-connected conditions, including tinnitus and hearing loss, was denied. The Veteran also requested service connection for otitis media of the left ear and bronchitis, but these claims were not addressed as they are not related to service connection.