Neck / cervical spine decisions — 2010

The Veteran's appeal for increased ratings has been withdrawn, and the claims for cervical intervertebral disc syndrome, lumbar degenerative disc disease, right shoulder degenerative joint disease, left upper extremity radiculopathy with cubital tunnel syndrome, residuals of partial medial meniscectomy, residual spurring from ankle injury, headaches associated with discectomy and fusion, and scar have all been denied.

The Board has dismissed the Veteran's appeals for service connection for chronic cervical spine tardive dyskenisia and bilateral hearing loss due to his withdrawal of these appeals. The only remaining issue on appeal is service connection for tinnitus.

The Veteran's service-connected disabilities are sufficient to meet the threshold rating criteria for consideration of a TDIU, but further examination is needed to determine if his PTSD alone renders him unemployable.

The Board has granted service connection for tinnitus but the issues of service connection for an acquired psychiatric disability and a cervical spine disability remain pending and require further development.

The Board denied the claims for service connection for cervical spine disability and respiratory disability based on active duty special work (ADSW) in February 2004, finding that there was no basic eligibility for compensation under U.S.C. Title 38 due to the appellant's state National Guard service during relief operations following September 11th World Trade Center attacks.

The Board denied service connection for a cervical spine disorder, hearing loss in the right ear, and loss of teeth.

The Board found that new and material evidence had not been submitted to reopen the claims for cervical and lumbar spine disorders, as well as head injury residuals and an acquired psychiatric disorder. The claim of service connection for a cervical spine disorder was denied due to lack of competent medical evidence linking the condition to military service. Similar findings were made regarding the lumbar spine disorder and head injury residuals. Regarding the acquired psychiatric disorder, the Board noted that while the appellant had been diagnosed with various mental health conditions, there was no competent medical evidence linking these disorders to his military service.

The Veteran's degenerative disc disease of the cervical spine does not meet the criteria for an evaluation in excess of 10 percent.

The Veteran's claim for service connection for degenerative joint disease of the lumbar spine is pending. The Board has determined that further development, including a VA examination, is necessary to determine if his cervical spine disorder is related to military service.

The Veteran's service-connected T6 compression fracture does not warrant an increased rating, and his neck disability and left hip disability are not found to be related to the service-connected condition.

The Veteran's claims for increased ratings for bilateral hearing loss, cervical spine disability, gastroenteritis with GERD, hemorrhoids, and left knee disability were denied. The Veteran is not entitled to a compensable rating for his bilateral hearing loss or a rating in excess of 20 percent for his cervical spine disability. He also does not meet the criteria for a higher rating for any of these conditions.

The Veteran's appeal is remanded for further development, including a VA examination to determine the likely etiology of his cervical spine and upper/lower extremity conditions.

The Board has determined that the Veteran timely filed a Notice of Disagreement (NOD) regarding the September 2004 denial of service connection for a right knee disability. As such, the appeal on this issue is granted.

The Veteran's service-connected cervical spine disability is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted. The claim for TDIU was granted.

The Veteran's claims for higher ratings and earlier effective dates are being considered. The Board has remanded the service connection issues to the RO, but is granting a 40 percent rating for his low back disability since March 31, 2010, and assigning separate ratings for fecal leakage as a complication of hemorrhoids.

The Veteran's cervical spine disability is currently rated at 10 percent, and the appeal for an increased evaluation has been granted. The Veteran also received service connection for left ear hearing loss.

The Board has granted an effective date of September 13, 1985 for service connection of lumbar spine and cervical spine disabilities. The Veteran's claim was pending since at least September 1984 when he submitted a petition to reopen his previously denied claims.

The Veteran's claim for an increased disability rating in excess of 20 percent for his service-connected cervical spine disability is currently on appeal. The Board has ordered further development, including obtaining SSA records and scheduling a VA examination.

The Board has remanded the case for further development, including a VA examination to determine if there is a demonstrable deformity of a vertebral body resulting from an avulsion fracture at C-7 level.

The Board found that the Veteran's cervical spine disability and right hip disability were not incurred in or aggravated by service, and may not be presumed to have been so incurred or aggravated. The low back disability was denied as well.