Neck / cervical spine decisions — 2011

The Veteran's cervical spine disability is evaluated at 30 percent, the maximum schedular evaluation based on limitation of motion. His lumbar spine disability has been rated as 20 percent disabling throughout the appeal period. The Board denied all issues related to service connection and evaluations.

The Board has determined that the Veteran's cervical and lumbar spine disabilities had onset in service or were caused by his active military service, granting service connection for these conditions.

The Board has granted service connection for degenerative disc disease of the cervical and thoracic spine, finding that these conditions are related to service. The Veteran is now entitled to a 20% evaluation for each condition.

The Board has determined that the Veteran's right hip superior labral tear and degenerative disc changes of the cervical spine from C4 through C6 are as likely as not related to military service, including his deployment in Iraq. Service connection is granted for these conditions.

The Veteran's claims for service connection for low back, cervical spine, right hip, and bilateral foot disabilities were denied as there is no competent evidence linking these conditions to his military service.

The Board has reopened the Veteran's claim for service connection for lumbar spine strain and cervical spine disability. The evidence shows that the Veteran had symptoms of back pain during service, which he attributed to a fall in basic training and an exercise period in aviation ordnance school. Service treatment records show no pre-existing condition noted at entry into service. The Board finds that the Veteran's current lumbar and cervical spine disabilities are related to his military service.

The Board has remanded the case for further development of issues including service connection for back, neck, and right shoulder disabilities. The Veteran's claims are pending.

The Veteran's claims for service connection for various conditions, including right ear pain, leukoplakia, GERD, bruxism, left knee disability, impingement syndrome of the right shoulder, cervical spine DJD, lumbar spine DJD, hypertension, and erectile dysfunction were denied as there is no current evidence of a diagnosed condition or link to service.

The Veteran's service-connected disabilities render him in need of regular aid and attendance of another person, necessitating the grant of SMC at the aid and attendance rate.

The Board has determined that the Veteran does not currently suffer from Cushing's Syndrome and her other claimed disabilities are not related to service.

The Board has remanded the case for further development due to procedural issues and need for additional medical examinations.

The Board found that the Veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by his military service, as there was no evidence of chronic disability during service or within one year post-service. The VA examiner concluded these conditions are unrelated to his service.

The Veteran's claim for an increased rating of 70 percent for PTSD has been denied as his symptoms do not meet the criteria for a higher disability evaluation.

The Veteran's appeal is being remanded for further development due to the need for VA examinations to reassess his disabilities, including dysthymia and residuals of a shell fragment wound of the neck. The RO/AMC will also consider whether he is entitled to higher ratings for these conditions.

The Board has denied the Veteran's claims for increased ratings for her low back disability from July 11, 2008 to August 29, 2011. The evidence does not show that the Veteran's service-connected low back disability was manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; a combined range of motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The Veteran's claim for increased rating is denied.

The Veteran's appeal is being remanded for a videoconference hearing at the New York, New York RO due to his request.

The Veteran's service-connected cervical spine disorder and bilateral upper extremity radiculopathy are currently rated at 40 percent, which is the maximum schedular rating available. The Board finds that her symptoms do not warrant a higher evaluation.

The Board has determined that the Veteran's low back condition, diagnosed as intervertebral disc syndrome (IVDS), is related to his military service. The cervical spine disability was also found to be related to service. However, there is no evidence of a current left or right shoulder disability.

The Board found that the Veteran's current cervical and lumbar spine disability, along with associated upper and lower extremity sensorimotor peripheral neuropathy, are less likely than not related to his military service, specifically to paratrooping (repeated jumps) and parachuting injury in one incident.

The Board has ordered a new examination to determine the nature and etiology of the Veteran's cervical spine disability, including whether it is related to service or secondary to his service-connected lumbar spine disability.