Neck / cervical spine decisions — 2010

The Board denied the Veteran's claim for an earlier effective date for service connection of a cervical spine disorder with history of strain and disc bulge, finding that January 27, 2006 is the earliest effective date warranted based on the facts found.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting examinations to assess the severity of his service-connected disabilities and determine whether any claimed conditions are related to service.

The Board denied service connection for spondylosis, posture and spine conditions as secondary to the service-connected symptomatic bilateral flat foot disability. Service connection for periodontal disease was precluded by law. The Board also denied service connection for sinusitis, rhinitis, conjunctivitis, and 'CTA'.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and providing the Veteran with another opportunity to provide information and evidence pertinent to his claim.

The Veteran is entitled to housebound benefits due to his nonservice-connected disabilities, which combine for a rating of 70 percent. He also meets the age requirement (over 65 years old) and has served during a period of war (Korean Conflict).

The Veteran's cervical spine disability was not found to meet the criteria for a higher rating prior to September 15, 2009. From September 15, 2009, he is rated at 30 percent.

The Board has determined that the Veteran's neck and bilateral arm pain condition is not service-connected, as it was not incurred during service or due to his service-connected low back strain. The claim for increased rating of left lower extremity radiculopathy secondary to service-connected low back strain is also denied.

The Board has determined that additional medical examinations and opinions are needed to properly adjudicate the Veteran's claims for service connection due to the complexity of her conditions and their potential relationship to her active duty service.

The Veteran's service-connected cervical spine disability is currently evaluated as 10 percent disabling. The evaluation has been increased from zero to 10 percent effective September 18, 2009.

The Board has granted service connection for tinnitus, finding that the Veteran experienced ringing in his ears during and after service. Service connection was denied for a cervical spine disorder.

The Veteran's cervical and laryngeal dystonia with tremors causing Parkinson-like syndrome is related to exposure to toxins in service, specifically during the Gulf War.

The Board has remanded the case for additional development due to incomplete medical records and inadequate notification.

The Veteran's service-connected cervical strain was found to have caused his depression, and the claim for service connection for depression as secondary to a service-connected cervical strain with headaches is granted. The issue of an evaluation higher than 10 percent for service-connected cervical strain with headaches remains pending. The TDIU claim is also pending.

The Veteran's right shoulder injury is not service-connected. However, he has been granted service connection for cervical spine sprain and degenerative changes of the cervical spine, as well as lumbar spine sprain and degenerative changes of the lumbar spine.

The Veteran's cervical spine disability has been granted a rating of 40 percent effective June 19, 2009. The lumbar and thoracic spine disability remains in the process of being reopened.

The Board denied the Veteran's petition to reopen his previously-denied claim for service connection for residuals of an eye injury, as well as his claims for stress disorder, bilateral leg disability, hearing loss in the left ear, and cervical spine disability. The evidence submitted since the last final denial was found to be cumulative and did not raise a reasonable possibility of substantiating any of these claims.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's cervical spine disorder was aggravated by service and providing VCAA notice.

The Veteran's combined rating for all service-connected disabilities is 60 percent, which does not meet the criteria for a TDIU. The Board finds that the Veteran is currently employed as a full-time computer technician and is not unemployable due to his service-connected disabilities.

The Veteran's hypertension has been rated as noncompensably disabling, but is now rated at 10 percent.,For the period prior to May 21, 2008, her migraine headaches have been rated as 10 percent disabling. Since then, they are rated as 30 percent disabling.,The Veteran's right knee disability has been rated as 10 percent disabling since June 1, 2005. Her left knee disability is also rated at 10 percent since that date.,For the cervical spine arthritis, a rating in excess of 20 percent is not warranted.

The Board denied service connection for the Veteran's lumbar and cervical spine disabilities, as well as his bilateral hand disabilities. The examiner found no objective evidence of organic pathology related to these conditions.