Neck / cervical spine decisions — 2010

The Veteran's cervical spine disability is rated at 40 percent, effective from June 10, 2008. The lumbar spine disability has been rated as 40 percent since that date. The ulnar radiculopathy of the left upper extremity and right lower extremity disabilities are each rated at 10 percent. Bilateral hearing loss is not service-connected.

The Board has determined that the Veteran's history of right ankle sprain is due to a disease or injury incurred in active service. Service connection for this condition is granted.

The Board has determined that a remand is necessary to determine the Veteran's need for aid and attendance due to service-connected disabilities, as well as his eligibility for specially adapted housing or special home adaptation grants.

The Veteran's appeal has been withdrawn due to his request for a hearing, and the Board finds that there are no remaining issues for appellate consideration.

The Veteran's claims for service connection were denied, and the increased rating and TDIU claims were also denied. The Board remanded these matters for further development.

The Board has remanded the case for an adequate VA examination and opinion to determine if there is a 50 percent probability or greater that any currently diagnosed cervical spine disorder is etiologically related to service, including complaints of back pain therein. The appellant's reports of continuity of symptomatology in the thoracic and cervical spine region since service should be considered.

The Veteran's service-connected cervical spine and thoracic/lumbar spine disabilities were evaluated, but the claims for higher ratings were denied as they did not meet the criteria under the applicable rating schedule.

The Board granted a higher rating for the Veteran's cervical spine disability and associated radiculopathy, as well as a compensable rating for her microcytic anemia. Service connection was also granted for degenerative or inflammatory arthritis on the basis of new evidence.

The Board denied service connection for DDD of the cervical spine on a direct or presumptive basis, finding no objective evidence of an in-service injury and no credible assertions of continuity of symptoms. The Veteran's lay statements were not considered sufficient to establish a nexus between his current condition and military service.

The Board has determined that the Veteran's current degenerative disc disease/degenerative joint disease cervical spine condition is not related to his military service and therefore denied his claim for service connection.

The Veteran's claims for higher initial ratings for her service-connected shoulder and spine disabilities are being remanded to allow for additional development of the evidence.

The Veteran's appeal involves claims for increased ratings and service connection, including a request to reopen a previously denied claim. The case is being remanded due to the need to obtain additional medical records.

The Board has denied the Veteran's claims for service connection for a stomach disability and neck disability, finding no new and material evidence to reopen the stomach disability claim and concluding that there is insufficient medical evidence linking any current neck disability to service.

The Board has determined that the Veteran's claims for service connection for residuals of uvulopalatopharyngoplasty and degenerative joint and disc disease of the cervical spine are granted. The claim for a disorder of the arms and hands is reopened, but service connection remains denied.

The Veteran's cervical spine and low back disabilities are not service-connected. The claim for PTSD is denied as there is no credible evidence of an in-service stressor. The right knee ACL tear does not warrant a compensable rating, and the TDIU claim is also denied.

The Board denied entitlement to extraschedular evaluations for cervical strain and lumbar strain, finding that the symptoms were fully contemplated by the schedular rating criteria.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's cervical spine disorder was aggravated by service. The carpal tunnel syndrome of the bilateral hands is granted as service connected.

The Board denied the Veteran's claims for service connection for cervical spine disability and an increased rating for bipolar disorder, finding that there was no evidence of a direct relationship between his current disabilities and his military service.

The Board has granted the Veteran's claims of service connection for headaches, but denied his claims for right shoulder disorder, dizziness, numbness of hands, cervical spine disorder, lumbar spine disorder, and psychiatric disorder.

The Board denied the Veteran's claims for higher ratings for mechanical low back pain and cervical osteoarthritis, finding that the evidence did not meet the criteria for a rating in excess of 10 percent prior to May 11, 2005, or 20 percent thereafter. The disability was rated based on its direct effects rather than any service connection theory.