Neck / cervical spine decisions — 2012

The Veteran's service-connected cervical spine disability does not meet the criteria for a TDIU rating as it is rated at 20% disabling and does not prevent him from securing or following substantially gainful employment.

The Veteran's cervical spine disability is currently rated at 20 percent from February 26, 2009. The Board found that the evidence did not support a higher rating based on functional impairment or incapacitating episodes.

The Board found that the Veteran's current cervical, thoracic, and lumbar spine disabilities are not related to his in-service injury during a rocket explosion. The evidence does not support service connection for these conditions.

The Veteran's claims for service connection were denied. The Board found no evidence of a current disability or that the disabilities are related to his military service.

The Veteran's cervical spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal is being remanded for additional development to determine the extent of his service-connected disabilities' impact on his ability to obtain or retain substantially gainful employment.

The Board has determined that the Veteran's degenerative joint disease of the cervical spine is related to his active duty service, and therefore grants service connection for this condition.

The Board has granted service connection and an increased rating of 40 percent for myofascial pain syndrome affecting the cervical spine and left shoulder, but denied service connection for a skin disorder.

The Board found that the Veteran did not have a back disorder, cervical spine disorder, or hypothyroidism due to service. The evidence showed no in-service injury or disease and no continuity of symptoms since service separation.

The Board denied the Veteran's claims of service connection for arthritis of the cervical spine, a pinched nerve of the cervical spine, and myofascial pain syndrome, finding that there was no evidence linking these conditions to his period of active duty or any service-connected disabilities.

The Board has granted initial ratings of 10 percent for the appellant's service-connected degenerative disc disease of the cervical spine, chondromalacia of the right patellofemoral joint, and chondromalacia of the left patellofemoral joint.,Initial compensable ratings were not assigned for hypertension.

The Veteran's appeal on the issue of a higher rating for his service-connected cervical spine disability has been dismissed. The separate compensable rating claim for neurological residuals is not warranted.

The Veteran's service-connected cervical disability has resulted in mild neurological symptoms, but not unfavorable ankylosis or incapacitating episodes. The Board granted a rating of 30 percent for the orthopedic manifestations.

The Board finds that the Veteran's current neck, shoulder, and knee disabilities are related to his in-service injuries. The claims for service connection are granted.

The Board has determined that the Veteran's residuals of cervical strain to include arthritis are related to his military service, but the residuals of right shoulder tendonitis were not incurred in active service.

The Board has granted service connection for lumbar spine spondylosis, bilateral sciatica, and an acquired psychiatric disorder. The Veteran's current back disorders are considered to be related to his military service.

The Veteran's claim for a higher rating for bilateral hearing loss was granted, with the effective date set at November 9, 2006. The initial rating assigned is 30 percent.

The Board has determined that the Veteran's claimed chronic right arm/hand, low back, and neck disabilities were not incurred in or aggravated by active service. The claims for migraine headaches and initial compensable evaluations for chondromalacia of the knees are addressed in the REMAND portion.

The Veteran's tinnitus and neck disability have been granted service connection on a direct causation basis.,There is no evidence of chronicity or continuity of symptomatology for the other conditions.

The Board has remanded the case for additional development, including a new VA examination to determine if the Veteran's current cervical spine disability had its onset during active duty service or is related to any in-service disease or injury.