Neck / cervical spine decisions — 2010

The Board denied the Veteran's claims for service connection for left ear hearing loss, a cervical spine disorder, a low back disorder, a left shoulder disorder, and bilateral carpal tunnel syndrome. The Veteran was granted service connection for pseudofolliculitis barbae, left distal forearm scar, and right ear hearing loss with noncompensable evaluations assigned to each.

The Veteran's appeal for higher initial evaluations for residuals of a right ankle fracture, right ankle scar, and residual numbness of the tip of the right middle finger due to suture has been denied.,The Veteran withdrew his appeal regarding service connection for folliculitis.

The Veteran's upper back disorder and right leg condition are currently rated at 20 percent and 10 percent, respectively. The Board finds that the evidence does not support a higher rating for either condition.

The Board denied the Veteran's claims for service connection for sleep apnea, increased ratings for lumbar and cervical spine disabilities, and an earlier effective date for TDIU benefits.

The Board has remanded the case for further development, including verification of service dates and provision of a VA examination to determine the nature and etiology of any cervical spine disability.

The Board denied the Veteran's claims for service connection for cervical spondylosis, a low back disability, and an acquired psychiatric disability. The decision found that new evidence was not sufficient to reopen the claim for cervical spondylosis, and that there was no evidence of a nexus between current disabilities and active duty service.

The Board has remanded the Veteran's claims due to incomplete records and a need for further medical examination.

The Veteran's cervical strain at C6-C7 and Morton's neuroma, right foot were granted service connection with respective ratings. The cervical strain was rated 10 percent disabling from April 3, 2007.

The Veteran's service-connected disabilities, including bilateral hearing loss, multilevel degenerative disc and spinal stenosis L1-L5 with degenerative disc disease, and spinal stenosis of the cervical spine at C6-C7 with degenerative arthritis, have resulted in a combined evaluation of 90 percent. The Veteran is in need of regular aid and attendance due to his service-connected disabilities.

The Veteran's cervical strain with spondylosis is rated at 10 percent, and her bilateral shin splints are not compensable.

The Veteran's bilateral hearing loss is found to be related to service, and the claim for this condition is granted. The claims for tinnitus, knee disabilities, wrist disabilities, shoulder disabilities, neck disability, and lower back disability are all denied.

The Veteran's claim for service connection for a cervical spine disorder is being remanded due to the need for additional development, including providing notice and obtaining a VA examination.

The Veteran's appeal includes claims for earlier effective dates for service connection and TDIU, as well as a claim regarding clear and unmistakable error in an August 2002 rating decision. The case is being remanded to allow the RO to develop these issues.

The Court vacated the Board's decision and remanded the case for further development regarding service connection claims for a cervical spine disorder, bilateral hearing loss, and tinnitus.

The Veteran's appeals have been dismissed as he has withdrawn his claims.

The Veteran's service-connected degenerative disc disease of the thoracic spine was restored to a 10 percent rating effective November 8, 2006. The initial ratings for cervical and lumbar spine disabilities were also granted.

The appellant's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran did not file a timely substantive appeal in response to the October 2002 denial of his claims for service connection for low back and cervical spine disorders. As such, the decision is final based on the evidence then of record.

The Veteran's cervical and lumbar spine disabilities have been rated as intervertebral disc syndrome, with the prior rating criteria applied until January 1, 2006. Since then, a higher rating of 40 percent has been granted for his intervertebral disc syndrome.

The Veteran's cervical strain and IVDS at L4-5 and L5-S1 were rated based on their severity. Prior to January 26, 2005, the Veteran was granted a rating of 10 percent for cervical strain. For the period after January 26, 2005, he is granted a 20 percent rating for cervical strain. The Veteran's IVDS at L4-5 and L5-S1 prior to September 26, 2003 was rated as 20 percent; however, after that date, the Veteran is not entitled to an increased rating.