Neck / cervical spine decisions — 2011

The Veteran's claims for service connection for an acquired psychiatric disability, cervical spine disability, and lumbar spine disability were denied. The claim for a rating in excess of 10 percent for the residuals of a fractured right thumb was also denied. The Veteran's request to reopen his previously denied claims for cervical and lumbar spine disabilities did not meet the criteria for reopening.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability to include as secondary to a low back disability. The case is remanded for further development, including obtaining VA and private medical records, personnel file documentation, and a VA examination to determine if the current cervical spine disability is related to events in service or caused by the service-connected low back disability.

The Veteran's low back disability, cervical spine arthritis, hypertrophy of the right lower rib cage, and post-surgical repair of the nasopharyngeal passage are all service-connected. The RO granted service connection for these conditions but assigned a non-compensable rating to each.

The Veteran's appeal has been withdrawn, and her claims have been dismissed.

The Veteran's claims for increased ratings for his service-connected cervical and thoracolumbar spine disabilities were denied as the evidence did not show that the conditions warranted higher evaluations.

The Veteran's cervical spine degenerative disc disease was rated at 30 percent effective August 26, 2009. The condition met the criteria for a higher rating based on pain during movement.

The Board has determined that the Veteran's service-connected disabilities, when combined, meet the criteria for a TDIU. The evidence is at least in equipoise as to whether the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Veteran's claims for service connection were denied. The Board found no evidence of current disabilities or residuals from the conditions claimed.

The Board has granted service connection and a 40 percent rating for degenerative joint disease (DJD) of the lumbar spine effective October 24, 2006. The Veteran's claim for an earlier effective date is addressed in the remand portion.

The Board has remanded the case to the RO for scheduling a Travel Board hearing due to the Veteran's inability to attend the previously scheduled hearing.

The Veteran's service-connected cervical spine and thoracolumbar spine disabilities have been evaluated based on their current manifestations. The appeals for increased ratings are denied as the evidence does not support a finding that any of these conditions warrant higher disability ratings at any point during the appeal period.

The Veteran's claims for service connection of chronic IBS, chronic head injury residuals, and a chronic headache disorder to include migraines were denied. The Veteran's cervical spine disability was granted an increased rating to 20%, while his lumbar spine disability was granted a 60% rating from January 1, 2005, through December 31, 2005, and a 20% rating thereafter. Separate ratings of 10% were assigned for right sciatica and left sciatica. The Veteran's trapezius muscle strain was granted a 10% evaluation. Finally, the Veteran's panic disorder with depression was granted an initial disability evaluation in excess of 10 percent.

The Veteran's claim for an increased rating greater than 20 percent for degenerative disc disease of the cervical spine is being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the Veteran's cervical spine disability does not meet or approximate the criteria for a rating in excess of 40 percent.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are related to his in-service basketball injury, granting service connection for these conditions.

The Veteran's appeal is being remanded to the RO for additional development of evidence.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is found to be incurred in service, while the cervical spine disability and bilateral shoulder disability are not related to service.

The Board has determined that the Veteran's current degenerative disc disease of the cervical spine is not etiologically related to service, and thus denied her claim for service connection.

The Board has remanded the case for further development, including new VA examinations to assess the current severity of the Veteran's service-connected cervical spine and left shoulder disabilities.

The Board denied the Veteran's claim for service connection for degenerative joint disease of the cervical spine, finding no evidence linking her current condition to any event or injury during active military service.