Neck / cervical spine decisions — 2010

The Veteran's service-connected lumbar and cervical spine disabilities are currently evaluated as 20 and 10 percent disabling, respectively. The Board has determined that the criteria for disability evaluations in excess of these percentages have not been met.

The Board denied service connection for herpes zoster with neurological deficits and residuals of an injury to the neck, including airway obstruction, dysphonia, and dysphagia. The Veteran's current symptoms are attributed to a history of recurrent dermatoses and radiculopathy unrelated to his military service.

The Veteran's cervical and thoracolumbar spine disabilities were granted increased ratings, while the left shoulder disability was found to have originated in service. The skin disorder of the fingers is presumed to be due to exposure to fuel in service.

The Veteran's appeal has been withdrawn and is dismissed.

The Veteran's appeal is being remanded due to a scheduling error for a Travel Board hearing. The issues of higher initial disability ratings for cervical and lumbar spine conditions, as well as endometriosis with dysmenorrhea and dyspareunia, are now pending.

For the period from July 17, 2003 to October 27, 2003, post-operative residuals of cervical syringomyelia were not manifested by a limitation of musculoskeletal motion that approximated a rating higher than 30 percent, or by moderate to severe neurological symptomatology that approximated a rating higher than 30 percent.

The Board denied the Veteran's claims of service connection for various conditions, including bilateral arm disorder, bilateral knee disorder, floaters in eyes, breathing trouble, ulcer, erectile dysfunction, headaches, traumatic brain injury (TBI), and PTSD. The Board found that there was no medical evidence linking these conditions to service.

The Board denied service connection for a cervical spine disorder, headaches, and bilateral knee disorders due to lack of evidence of current disabilities or medical nexus.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, verifying the nature of the Appellant's reserve service in July 1997, and providing a VA examination to determine if his current cervical spine and lumbar spine disorders are related to his military service.

The Board has granted service connection for a cervical spine disorder and lumbosacral spine disorder, finding that the Veteran is entitled to the presumption of soundness due to her second period of active duty service. The left knee disorder and sciatic nerve disorder are not yet addressed as they require further examination and medical opinion.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claims for service connection for a low back disability and an upper back and neck disability. The case is REMANDED for these purposes.

The Veteran's claim for a rating in excess of 40 percent for his cervical spine disability was denied. The Board found that the evidence did not show incapacitating episodes or ankylosis, and thus, the current schedular rating based on orthopedic limitation is appropriate. For TDIU, the Veteran failed to meet the percentage standards set forth in 38 C.F.R. § 4.16(a) but may still be eligible for a total disability rating if unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has reopened the Veteran's claim for service connection due to new and material evidence, but finds that there is no evidence of a cervical spine disability incurred in or aggravated by service.

The Veteran's claims for increased ratings and a separate rating for multiple noncompensable service-connected disabilities have been granted. He is now rated at 10 percent for chronic sinusitis, with no higher initial rating allowed. His left ear hearing loss has also been granted service connection, but he does not meet the criteria for an initial compensable rating. The Veteran's cervical spine and ankle conditions are each rated at 10 percent.

The Board has remanded the Veteran's claims for cervical spine arthritis and bowel disease due to incomplete opinions in the previous VA examinations. The Veteran needs a new examination to determine if his service-connected neuropathy of the left spinal accessory nerve caused or aggravated his cervical spine arthritis, and whether any bowel disorder had its onset during active service.

The Board has denied the Veteran's claims for service connection for cervical and thoracic spine disorders, finding that there is no competent evidence linking these conditions to his time in active military service.

The Board found that the appellant's character of discharge was under other than honorable conditions due to willful and persistent misconduct, and therefore his service is not considered honorable. As a result, he cannot be considered a Veteran for purposes of receiving VA benefits.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess his employability given his service-connected disabilities.

The Veteran's claims for higher ratings for her fibroid tumors with dysfunctional uterine bleeding and postoperative residuals of cervical herniated nucleus pulposus are being remanded due to the need for additional examinations.

The Veteran's claims for compensation and service connection were denied. The Board found that the evidence did not meet the criteria for higher ratings or effective dates.