Neck / cervical spine decisions — 2011

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims of service connection for low back, neck, right knee, left hip, and heat stroke disabilities. The claim is granted.

The Board has granted service connection for a right shoulder disorder, which represents a complete grant of the Veteran's appeal as to that issue alone. The claims for secondary service connection for carpal tunnel syndrome and low back disorder are also addressed.

The Board denied the Veteran's claims for service connection for facial burns, pseudofolliculitis barbae, sinusitis, carpal tunnel syndrome (cervical radiculopathy), skin pruritus, rheumatoid arthritis with bone spurs of the right shoulder, and a rating in excess of 10 percent for hemorrhoids. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's appeal is remanded due to the need for a more current VA medical evaluation of his service-connected low back strain with degenerative changes and cervical spine disorders, as well as obtaining all available treatment records from August 2007 to the present.

The Board finds that the preponderance of the evidence is against the Veteran's claims of service connection for a neck disability and sleep apnea. There are no in-service complaints, treatments, or diagnoses related to these conditions.

The appellant's service-connected L1-L2 fusion and cervical spine conditions are currently rated at 20%.,For the period from July 16, 2005 through May 30, 2009, the appellant's cervical spine condition is rated at 10%. From May 31, 2009, it is rated at 20%,From March 1, 2010, the appellant's right shoulder condition with post-operative decompression is rated at 20%.,The appellant's service-connected cervical spine condition was not increased beyond 10% prior to May 31, 2009 and remains at 10%. The current rating of 20% for the period from May 31, 2009 is appropriate as it reflects the severity of his disability.,The appellant's service-connected right shoulder condition with post-operative decompression was not increased beyond 10% prior to December 14, 2009 and remains at 10%. The current rating of 20% for the period from March 1, 2010 is appropriate as it reflects the severity of his disability.

The Board has determined that the Veteran's right knee, left knee, and cervical spine disabilities are not related to service. The evidence does not support a finding of in-service injury or disease for any of these conditions.

The Veteran's claims for an increased evaluation for cervical spine disability, service connection for PTSD, and impotency were denied. The right arm injury claim was reopened but not granted. Service connection for a depressive disorder was granted.

The Board found that the Veteran's current back disability is not related to his active military service and denied the claim.

The Board has determined that the Veteran's DDD of the cervical spine is due to a process of degeneration that began after he sustained an injury during his service in Vietnam. As such, the claim for service connection is granted.

The Veteran's claim for an increased rating for his service-connected cervical spine degenerative disc disease was denied by the RO, with a final denial in April 1995. The VA examinations conducted prior to this decision showed moderate limitation of motion and no neurological abnormalities.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine, including as secondary to his service-connected disabilities, is being remanded due to inadequate VA examinations. The case will be readjudicated after a new examination.

The Veteran's TMJ syndrome has been granted a 10 percent rating, effective from the date of claim.

The Board has granted service connection for a cervical and thoracolumbar spine disability, finding that the Veteran's current conditions are due to injuries sustained during his military service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations.

The Veteran seeks service connection for cervical spine and left shoulder disorders, which he attributes to an in-service injury. The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with a VA examination.

The Board has granted service connection for a cervical spine disorder but denied the claim of entitlement to an initial compensable evaluation for lumbar spine disability.

The Board found that the appellant did not meet the criteria for TDIU prior to January 1, 2006 as he was gainfully employed during this period. Therefore, an earlier effective date is denied.

The Board found that the December 1975 rating decision granting service connection and assigning a 0 percent rating for a low back disability was not clearly and unmistakably erroneous. The claim of service connection for a cervical spine disorder was not adjudicated at that time, as no formal or informal claim had been submitted. No effective date earlier than May 29, 1998, was granted for the lumbar spine rating.

The Veteran's cervical and thoracolumbar sprain disabilities have been rated at 10 percent since September 22, 2009. Prior to this date, the conditions were not service-connected.