Neck / cervical spine decisions — 2010

The Veteran's service-connected neck disability, characterized as residuals of a fracture of the 4th vertebra of the cervical spine with degenerative joint and disc disease, is productive of no more than slight limitation of motion and mild intervertebral disc syndrome. The combined range of motion of the cervical spine does not meet criteria for higher ratings.

The Board has denied the Veteran's claims for service connection for a lumbar spine disorder, cervical spine/neck disorder, and bilateral leg disorder. The evidence does not show any chronic disability of these conditions during or within one year after service, nor is there any other link to service.

The Veteran's appeal for higher initial ratings for his service-connected lumbar and cervical spine disabilities has been denied. The Board found that the evidence did not support a schedular disability rating greater than 10 percent for any portion of the appeal period.

The Board found that the Veteran's current back disability, including cervical and lumbar spine issues, is not due to an injury or disease incurred in service. The claim was denied as there was no evidence of a chronic condition related to service.

The VA denied the appellant's claims for higher evaluations for cervical spine, lumbar spine, right knee, and bilateral hearing loss disabilities. The current ratings are 10 percent each.

The Board has determined that the Veteran's neck, bilateral knee, and bilateral foot disorders are not related to military service or a service-connected disability. The initial evaluation for lumbosacral strain is granted at 20%.

The Veteran's service-connected right third finger disability is rated at 10 percent, effective February 13, 2004. The Board found that the Veteran's current right third finger disability does not warrant a higher rating.

The Board found that the Veteran's upper back disability and arthritis of the cervical spine are not related to military service, and denied both claims.

The Board denied service connection for a neck disability, finding that there was no medical evidence showing a current neck condition related to service.

The Board has denied the Veteran's claims for service connection for disabilities of the lumbar, thoracic, and cervical segments of the spine. The claim was based on direct service connection as there is no evidence of a pre-existing condition that became manifest during active duty.

The Veteran's claims to reopen service connection for shoulder, headache, hip, and leg disabilities are granted. The underlying claims of entitlement to increased ratings for service-connected residuals of a compression fracture, C-6 with degenerative disc disease and sinusitis are deferred pending completion of the development sought in the remand that follows.

The Veteran's appeal has been withdrawn by the appellant, resulting in dismissal of the case.

The Veteran's claim for an increased evaluation of his cervical spine disability was denied. His right shoulder arthralgia was not service-connected.

The Veteran's service-connected disabilities alone are not of such severity as to preclude him from obtaining and retaining substantially gainful employment.

The Board has remanded the claims due to the need for a VA examination as to the nature and etiology of the Veteran's cervical, lumbar spine, and left knee disabilities.

The Board has ordered a remand due to concerns about the adequacy of a previous VA examination, and a new examination is needed to determine if the Veteran's current cervical spine disability is related to her service.

The Board has remanded the Veteran's claims for a TDIU, increased ratings for left knee disabilities, and service connection for lumbar myositis to the RO for further development. The Veteran is also being given another opportunity to respond to these matters.

The Board has granted service connection for DDD of the lumbar and cervical spine, finding that it is most likely caused by or a result of military service. The Veteran's claim for an initial compensable rating for bilateral hearing loss remains pending as there are no criteria met to grant such a rating. The claim for service connection for dental trauma has been denied due to lack of compensation eligibility.

The Veteran's claims for increased ratings for DJD of the lumbar spine and spondylolisthesis and DJD of the cervical spine were denied as there is no evidence showing forward flexion of 30 degrees or less, favorable ankylosis of the entire thoracolumbar or cervical spine, or incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran is granted service connection for a psychiatric disorder, to include PTSD. The Board finds that the Veteran's current psychiatric symptoms are related to his military service and grants this claim.