Neck / cervical spine decisions — 2011

The Veteran's degenerative arthritis of the cervical spine has been evaluated at a 10 percent rating since September 1, 2006. The evidence does not support an increase to a higher rating.

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional development of her medical records and an orthopedic examination.

The Board has determined that the Veteran's fibromyalgia is related to his military service and granted service connection for this condition.

The Veteran's right knee strain with degenerative disc disease and cervical spine disc disease are service-connected, as they are related to his in-service injuries. His allergic rhinitis is also service-connected.

The Veteran's combined disability rating is 80 percent, but she is not found to be unemployable due to her service-connected disabilities.

The Board has determined that the Veteran's neck and low back disabilities are not related to his military service or caused by his service-connected right shoulder disability.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment reports and scheduling a VA examination to assess the current severity of his cervical and lumbar spine disabilities.

The Veteran's service-connected disabilities made him unable to obtain and maintain substantially gainful employment as of June 24, 2003. The Board granted an effective date of June 24, 2003 for the TDIU rating.

The Board denied the Veteran's claims for increased ratings for his service-connected cervical spine, right arm, and right leg disabilities due to lack of compliance with scheduled VA examinations.

The Veteran's right hip disability is currently rated at 10 percent, and the Board finds that this rating adequately compensates for his functional loss due to painful motion. The cervical spine disability has not been service connected.

The Veteran's service-connected diabetes mellitus is found to be the primary cause of his bilateral carpal tunnel syndrome and peripheral neuropathy of the upper extremities. The Board grants service connection for these conditions as secondary to his service-connected diabetes.

The Board has determined that a higher rating for the Veteran's lumbar spine disability is not warranted as his condition does not meet or approximate the criteria for a higher rating under the applicable rating schedule. The current 40 percent rating adequately compensates him for his service-connected lumbar spine disability.

The Board has found support for a grant of service connection for thoracolumbar spine disorder, as secondary to the service-connected right knee disability. The cervical spine condition is currently under consideration and will be addressed in the REMAND portion.

The Veteran's lumbar spine disability is rated at 40 percent, effective from March 7, 2005. He also received a separate compensable rating for right lower extremity neurologic disability.,The reduction in cervical spine disability rating was denied.

The Board denied the Veteran's claims of entitlement to service connection for neck, lumbar spine, right knee, and left knee disabilities due to a lack of medical evidence linking these conditions to his military service.

The Board has granted the Veteran's appeal for TDIU to the extent that his case was referred to the Director, Compensation and Pension Service for consideration of a TDIU award on an extraschedular basis.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's bilateral cervical radiculopathy at C5-C6-C8 levels of the upper extremities is not service-connected and there is no evidence linking it to a service-connected disability.

The Veteran's low back and neck disabilities are granted service connection. The appeals for right shoulder and left shoulder disabilities have been withdrawn.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment, as he is able to engage in sedentary employment.