Neck / cervical spine decisions — 2010

The Veteran's service-connected cervical spondylosis, thoracic and lumbar degenerative disc diseases have not been shown to warrant a rating in excess of the current ratings.

The Veteran's claim for an effective date prior to February 1, 2005 for TDIU was denied as the earliest ascertainable date of increased disability was February 1, 2005.,The Veteran's claim for an effective date prior to February 1, 2005 for DEA eligibility was denied as he did not meet the criteria for permanent and total disability prior to that date.

The Board denied service connection for cervical spine, low back, right knee, right hip, and right leg disabilities on a direct basis.

The Board has granted service connection for degenerative arthritis of the cervical spine and thoracolumbar spine, but denied any increase in ratings beyond the initial 10 percent assigned. The Veteran's cervical spine disability is currently rated at 20 percent since September 18, 1997, while his thoracolumbar spine disability is rated at 20 percent effective January 24, 2006.

The Board has denied the Veteran's claim of entitlement to service connection for cervical strain, finding that there is no medical evidence linking his current condition to an in-service injury and concluding that any continuity of symptoms since service does not meet the criteria for a grant of service connection.

The Veteran's claims for increased ratings for his service-connected cervical and lumbosacral spine disabilities are being remanded due to the need for additional development, including obtaining medical records and possibly a new VA examination.

The Veteran's cervical spondyloarthropathy with stenosis is rated at 10 percent, effective July 1, 2004. Service connection was granted for left elbow disorder and a disorder of the left shoulder and scapula, but an initial rating in excess of 10 percent for cervical spondyloarthropathy with stenosis remains denied.

The Board has determined that the Veteran's currently diagnosed low back and neck disabilities are not related to service, including his in-service motor vehicle accident. The evidence does not support a finding of service connection for these conditions.,For diabetes mellitus, the criteria for an evaluation in excess of 20 percent have not been met.

The Veteran is seeking service connection for various disabilities, including psychiatric conditions and spinal and joint disorders, all claimed as secondary to his service-connected left foot disability. The Board has determined that additional evidence should be obtained before the claims can be fully adjudicated.

The Veteran's appeal for an earlier effective date for service connection and a CUE claim regarding the denial of service connection in March 1978 were both denied by the Board.

The Veteran's service-connected disabilities, including sleep apnea, right and left shoulder tendonitis, depressive disorder, cervical spondylosis, lumbar degenerative discs, a left knee disorder, gastroesophageal reflux disease (GERD), a left pelvic disorder, chronic fatigue syndrome, tinnitus, bilateral hearing loss, sinus residuals of a rhinoplasty and septoplasty, a left foot disorder, hypertension, genitourinary (urethral) disorder, and rosacea on the nose, have rendered him unable to secure or follow a substantially gainful occupation since April 1, 2001. The Board finds that his service-connected disabilities meet the percentage criteria for TDIU throughout the entire appeal period.

The Veteran's current back disability is not related to his active duty service.

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

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's appeals for service connection on four separate conditions have been withdrawn by the appellant.

The Board has reopened the Veteran's claim for service connection for residuals of a cervical spine injury and granted it, finding that his service-connected PTSD aggravated his alcohol abuse, which in turn caused an automobile accident resulting in his cervical spine injuries.

The Veteran's appeal is being remanded for another VA examination to assess her employability due to her service-connected disabilities.

The Board found that the Veteran's neck disorder is not related to service, including his shrapnel wound injury. As a result, the claim for service connection was denied.

The Board finds that the Veteran's reported history of neck injury with persistent and recurrent symptoms since service is not credible. As such, the claim for a neck disability on a direct basis or as proximately due to service-connected low back strain is denied.

The Veteran's service-connected degenerative disc disease of the cervical spine is alleged to have aggravated his C7 fracture, resulting in cervical myelopathy. The Board has ordered a remand for further examination and opinion.