Neck / cervical spine decisions — 2011

The Veteran's cervical spine degenerative disc disease has been rated at 10 percent since January 31, 2008. The RO found that the condition did not warrant a higher rating based on its current manifestations.

The Board has determined that the Veteran's low back and cervical spine disabilities are not related to service.,The Veteran's sinusitis is currently rated at 10%.

The Board has determined that new and material evidence has been submitted to reopen the claims of entitlement to service connection for right ankle and low back disabilities. The Veteran's current disabilities are related to his in-service motor vehicle accident.

The Board has determined that new and material evidence was received to reopen the claims of service connection for cervical spine, lumbar spine, and bilateral hip disabilities. The Veteran's current diagnoses include cervical spine disk degeneration and lumbar spine disk degeneration. The VA examiner opined that these conditions are related to service.

The Board has restored the Veteran's service connection for limited motion of the cervical spine with involvement of the paritrapezial musculature, finding that the initial grant was not clearly and unmistakably erroneous.

The Board denied the Veteran's claims for service connection for hepatitis C, cervical spine disorder, and dorsal spine disorder due to lack of evidence showing these conditions were incurred in or caused by his active duty service.

The Board has granted the Veteran's service connection claim for a bilateral knee disability. The cervical spine disability claim is being remanded for further development.

The Board has remanded the case for further development, including issuance of proper notice and a VA opinion regarding whether service-connected conditions contributed to the Veteran's death.

The Veteran's claims of entitlement to service connection for a cervical spine disability and chronic headaches were reopened. However, the claims for back disability (other than the cervical spine) and right shoulder arthralgia were denied as new and material evidence was not received.

The Board has determined that the Veteran's cervical spine disorder is not related to his military service or secondary to his service-connected dorsolumbar disability.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for carpal tunnel syndrome. The issue of service connection for a low back disorder is remanded for further development.

The Veteran's cervical strain with spondylosis is currently rated at 10 percent, which does not meet the criteria for a higher rating. The GERD, status post gallbladder removal and pancreatitis prior to April 16, 2008, has been granted a 30 percent rating effective September 30, 2003.

The Veteran's PTSD is found to be incurred in and caused by his military service, leading to a grant of service connection for this condition.

The Board has granted service connection for bilateral CTS, finding that the Veteran's symptoms are related to his military service. The case is now remanded to obtain an orthopedic examination to determine the etiology and nature of the Veteran's arthritis of the cervical spine, including neurological involvement of the upper extremities.

The Board has determined that the Veteran's current low back disorder is related to his service, and thus grants service connection for a low back disorder.

The Veteran's claims for increased ratings and service connection were denied. The initial rating of 40 percent for hepatitis C was maintained, but the claim for a higher rating was denied.

The Veteran's combined disability rating is 70 percent as of September 8, 2008. The Board finds that the Veteran does not meet the criteria for a TDIU due to his service-connected disabilities.

The Veteran's left knee disability is rated at 60 percent, effective February 1, 2004.,For the cervical spine disability, a separate 10 percent rating was granted for degenerative disc disease and a 20 percent rating for radiculopathy of the left upper extremity, both effective February 25, 2008.

The RO reduced the disability ratings for Post Diskectomy, Herniated Nucleus Pulposus, L4-L5, Degenerative Disc Disease of the Cervical Spine, and Peripheral Radiculopathy of the Left Upper Extremity from their current levels to 20 percent each. The reduction was proper as there is evidence of improvement in these conditions.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not service-connected as they do not have a direct relationship to his military service.