Neck / cervical spine decisions — 2010

The Board has determined that the Veteran's previous denials of service connection for cervical spine, thoracic spine at T5-6, and left ankle injuries are final. The additional evidence presented since those decisions does not relate to an unestablished fact necessary to reopen any of these claims.

The Board denied the Veteran's claims of service connection for lumbar and cervical spine disabilities, finding that there was no evidence of a chronic disability within one year after separation from service or any link to service. The Veteran's current lumbar spine disability is attributed to post-service work-related injuries.

The Board has granted service connection for lumbar and cervical spine disabilities, coronary artery disease, and hypertension. Bilateral hearing loss and tinnitus have not been found to be related to service.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine were denied in an October 2009 Board decision. The case is now being remanded due to new evidence received after the decision.

The Veteran's cervical and lumbar spine disabilities are being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to determine if these conditions are related to service.

The Veteran's sleep apnea was rated at 50 percent since October 1, 2005.,For the cervical spine disability, a rating in excess of 30 percent is not warranted. The Veteran has forward flexion limited to 20 degrees and lateral flexion limited to 15 degrees on each side.,The lumbar spondylosis with degenerative joint disease was rated at 10 percent prior to August 3, 2006; a rating in excess of 20 percent is not warranted from that date onwards. The Veteran's range of motion has been limited due to pain on motion.,Right shoulder tendonitis was rated at 10 percent prior to November 1, 2007 and thereafter. The Veteran had right arm range of motion restricted to shoulder level due to pain on motion.,Left wrist tendonitis (residual of a left wrist injury) is service connected.,No residuals of the left foot injury are service connected.,Erectile dysfunction was service connected, but no compensable rating is warranted.,Varicocelectomy is not service connected.,Right index finger fracture and left index finger fracture were not service connected.

The Board denied the Veteran's increased rating claims for degenerative arthritis of the lumbar, dorsal, and cervical spines. The claim to reopen service connection for a left shoulder disability was also denied due to lack of new and material evidence.

The Board has determined that the Veteran's lumbar spine and cervical spine disabilities are related to his active military service, including an in-service motor vehicle accident. Service connection is granted for these conditions.

The Board has denied the Veteran's claims for service connection for cervical and thoracolumbar spine conditions due to a lack of current diagnoses in his medical records.

The Board has determined that additional development is necessary prior to the adjudication of these claims, including obtaining VA examinations for the Veteran's claimed stomach muscle disability, neck and back disabilities, and right leg disability. The Veteran's service connection claims have been denied.

The Veteran's claims for increased ratings for his left and right knee disabilities, service connection for bilateral hearing loss, tinnitus, low back disability, neck disability, and residuals of concussion were denied. The Board found that the evidence did not support a higher rating for either knee disability.

The Veteran's appeal is being remanded for further action, including scheduling a Travel Board hearing.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, and the Board grants a TDIU.

The Veteran's right knee disability was not incurred in or aggravated by active service. The appeal for an initial rating in excess of 10 percent for chronic neck and shoulder pain secondary to cervical strain prior to January 12, 2005 is denied. For the period after January 12, 2005, the Veteran's disability remains rated at 20 percent.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are directly related to his active duty for training, thus granting service connection.

The Veteran's claims for service connection for sinusitis, bilateral hearing loss disability, an eye disability, a low back disability, and a neck disability have all been denied as there is no competent clinical or credible lay evidence to support these claims.

The Board has determined that recovery of the overpayment would be against equity and good conscience due to undue financial hardship, lack of fault on the part of the appellant, and unjust enrichment if the benefits were not recovered.

The Veteran's cervical spine degenerative disc disease is rated at 30 percent since May 19, 2009 and 20 percent prior to that date. The right fifth metacarpophalangeal fracture residuals are rated at 10 percent throughout the appeal period.

The Board has determined that the Veteran does not have current diagnoses of cervical spine disability, hypertension, migraine headaches, or chronic lung disability. Therefore, service connection for these conditions is denied.

The Veteran's cervical spine disability has been rated at 20 percent since April 4, 2009. The effective date for this rating is not specified.