Neck / cervical spine decisions — 2010

The Veteran's service-connected cervical spine sprain and lumbar spine spasm have been granted with initial disability evaluations of 10 percent each, effective October 15, 2003. The left foot and shoulder disabilities are not rated as compensable.

The Board has determined that the Veteran's arthritis, including in his hips, cervical spine, and bilateral shoulders, was not incurred during service or due to any incident of service. The evidence does not support a finding of chronicity or continuity of symptomatology since service.

The Veteran's cervical spine, low back, left hip, right hip, left knee, and right knee disabilities are being remanded for additional development due to the need to address the impact of his airborne training. The ankle disabilities are separate from the thoracolumbar degenerative disc disease or degenerative joint disease.

The Veteran's initial claim for a compensable rating for cervical spondylosis was denied. Service connection for low back, right shoulder, and eye disorders were also denied. Tinnitus and bilateral hearing loss were not related to service.

The Veteran's right shoulder disability is granted service connection. The left shoulder and cervical spine disabilities are pending due to inadequate examination reports.

The Board has determined that the Veteran's arthritis of the cervical spine and right hand did not develop during service or are otherwise related to service, and thus denied both claims.

The Veteran's claims of entitlement to service connection for cervical spine disability and cervicogenic headaches were denied, but he was granted service connection with effective dates assigned based on the date his claim to reopen was received.

The Board has vacated the portion of its August 27, 2009 decision that addressed and remanded a claim for an initial evaluation in excess of 20 percent for low back disability. The other issues are not disturbed.

The Veteran's cervical spine disability is rated at 20 percent, and his right and left knee disabilities are each rated at 10 percent. The Veteran's PTSD is currently evaluated as 30 percent disabling.

The Veteran's initial evaluation for cervical spondylosis with herniated disc from March 26, 2004 was granted at a 20 percent rating. The Board found that the disability did not meet criteria for an increased evaluation.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for lumbar spine and cervical spine disabilities. The Board finds that these conditions are related to his military service.

The Veteran's service-connected cervical spine and low back disorders are currently each rated as 20 percent disabling. The Board found that the current ratings adequately reflect the severity of these conditions.

The Veteran's PTSD was found to have been incurred during service and is related to exposure to traumatic events in service. Service connection for PTSD has been granted.

The Veteran's initial ratings for his service-connected obstructive sleep apnea, IBS, and cervical spine disorder have been denied as the evidence does not support higher evaluations.

The Veteran's appeal of the claims for service connection for a cervical spine disability, low back disability, and left knee disability is being remanded due to additional development needed.

The Veteran's widow is not eligible for CHAMPVA benefits because the Veteran's disability was not service-connected, and therefore, she cannot claim eligibility based on accrued compensation or DIC benefits.

The Veteran's claimed bilateral leg pain and cervical spine disability were not incurred in or aggravated by active military service.

The Board denied service connection for arthritis of the cervical spine, concluding that there was no evidence linking it to service or a service-connected condition.

The Veteran's service-connected disabilities, which include a fracture of the right middle finger resulting in ankylosis of multiple fingers, cervical fusion with degenerative joint disease, scars from facial injuries, osteoarthritis of the lumbar spine, and bilateral hearing loss, do not render him unable to secure or follow substantially gainful employment. His combined disability rating is 60 percent.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.