Neck / cervical spine decisions — 2011

The Board denied the Veteran's claims for entitlement to service connection for a low back disorder and entitlement to a compensable evaluation for tonsillitis and cervical adenopathy. The Board found that the Veteran did not have a low back disorder during service or within one year thereafter, and there was no evidence of an in-service injury or disease causally related to his current condition. For the compensable evaluation claim, the Board noted that the Veteran's tonsillitis and cervical adenopathy were manifested by intermittent complaints treated at home.

The Board found that a chronic upper back disability of the thoracic and cervical spine was not incurred during service or due to a service-connected condition, and thus denied the Veteran's claim for service connection.

The Veteran's service connection claim for bilateral hearing loss is dismissed. The Board grants service connection for burn scars of the neck and left arm and axilla, finding that they were aggravated in service. Service connection is also granted for a chronic neck disorder (cervical dystonia torticollis and degenerative arthritis) as it was caused by the aggravation of pre-existing scar tissue during service. The claim for an acquired psychiatric disorder (depression) remains pending.

The Veteran's fibroids, ovarian cysts, and cervical dysplasia are currently rated as 10% disabling due to continuous treatment. The current symptoms do not warrant a higher rating.

The Board found that the Veteran's cervical spine disorder, claimed as a right shoulder disorder, and left knee disorder were not incurred in or aggravated by service. The evidence did not establish a direct relationship to service.

The Veteran's cervical spine disability is currently evaluated at 20 percent, and the evidence does not support a higher evaluation.

The Board found that the Veteran's current cervical spine degenerative disc disease was not incurred in service, is not presumed to have been incurred in service, and has not been caused or aggravated by his service-connected lumbar spine disability. As a result, the claim for service connection for a cervical spine disorder was denied.

The Board denied the Veteran's request to reopen her claim for service connection of degenerative arthritis of the cervical and lumbar spine, finding that new and material evidence had not been received.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a compensable rating prior to January 17, 2007 and did not meet the criteria for a rating in excess of 10 percent from January 17, 2007.

The Veteran's claim for a higher rating for his cervical spine disability was granted, with the effective date set at March 8, 2007. The issue of service connection for leg pain secondary to his cervical spine disability is also addressed and resolved in favor of the Veteran.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of entitlement to increased rating for lumbar spine disorder and service connection for cervical spine disorder are before the Board.

The Board has granted a rating of 30 percent for cervical spine strain and denied service connection for thoracolumbar strain. The claim to reopen the final disallowed thoracolumbar strain was also granted.

The Board has restored a 30 percent disability rating for the Veteran's degenerative disc disease of the cervical spine, effective December 1, 2007. The evidence does not show improvement in the condition.

The Board has granted service connection for a cervical spine disability but denied service connection for a cardiac disability, including Wolfe-Parkinson-White syndrome. The decision is mixed as it grants one claim and denies another.

The Veteran's appeals for increased ratings for his lumbar and cervical spine disorders have been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has determined that a 40 percent disability rating for right cervical radiculopathy is warranted effective October 27, 1983, based on the severity of symptoms and manifestations.

The Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Board denied the Veteran's claim for service connection for cervical spine disability, finding that there was no credible evidence of continuity of symptomatology from service to the present time and concluding that the current cervical spine disability is not related to service.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability evaluations under applicable rating criteria.

The Veteran's claims of service connection for his left shoulder tear, cervical radiculopathy, and cervical myositis are being remanded due to the need for additional development including obtaining VA treatment records and affording the Veteran a VA examination.