Neck / cervical spine decisions — 2012

The Veteran's appeal has been dismissed due to his withdrawal of the appeals for carpal tunnel syndrome of both upper extremities and renal disorder. The remaining claims have already been fully granted.

The Veteran's service-connected disabilities do not prevent him from securing and following some type of substantially gainful employment.

The Veteran's sinusitis is presumed to be related to his military service, while the neck disability is also considered to be related to his military service.,A rating in excess of 20 percent for the low back disorder was denied.

The Veteran's cervical spine disability is manifested by forward flexion to 60 degrees and muscle spasms, which meets the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's cervical spine and bilateral knee/leg disabilities are not related to service, as there is no evidence of such conditions during or immediately following his military service.

The Veteran's cervical spine disability is rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's migraine headaches are not compensable.,For the period from November 27, 2006, to September 18, 2009, the Veteran has been granted TDIU status due to his service-connected disabilities preventing him from obtaining or retaining substantially gainful employment.

The Board has determined that the Veteran's cervical spine disability with right upper extremity radiculopathy is related to service and grants this claim.

The Board has granted service connection for cervical spine, right shoulder, and right hip disorders as secondary to the Veteran's service-connected right ankle disability. The adjustment disorder with depressed mood and idiopathic polyneuropathy of the right leg and right hip are not addressed in this decision.

The Veteran's claims are being remanded due to incomplete records and the need for additional examinations. The issues include service connection for various conditions, with some potentially related to in-service injuries or exposure.

The Board denied the Veteran's claims for service connection for cervical spine disorder, left arm radiculopathy and weakness, and right arm radiculopathy. The pre-existing conditions were found to not be aggravated by service.

The Veteran's osteoarthritis of the feet and toes is presumed to have been incurred in service, while his cervical spine arthritis is also presumed. The Veteran does not have a current diagnosis for TMJ syndrome.

The Veteran's cervical strain was initially rated as non-compensable from June 1, 2005 to April 20, 2010 and is now rated at 10 percent since April 21, 2010. The lumbosacral strain with muscle spasm has been rated as 10 percent since the onset of symptoms.

The Veteran's current cervical spine disorder is not shown to have been incurred or aggravated during his active duty service. The Board finds that the evidence does not establish an in-service injury or disease resulting in a current disability.

The Veteran's claims for increased ratings of his lower back disability and depression, as well as his claim for service connection for a cervical spine disability have been denied. The Board also found that the Veteran's insomnia is not a separate condition but rather a symptom of his already service-connected depression.

The Board denied service connection for the claimed conditions, including left knee disorder, cervical spine disorder, neurogenic bowel, subconjunctival hemorrhages (claimed asphyxia residuals), and hair loss. The claims were not reopened or granted.

The Board denied reopening and granting service connection for a lumbar spine disability, but found that the Veteran does not have a cervical spine disability.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The initial ratings for PTSD and degenerative disc disease, cervical spine are under review.

The Board has remanded the case for further development, including obtaining an opinion from a VA physician regarding whether the Veteran's current neck disability is related to his military service. The Veteran contends that his neck disability is related to an in-service accident involving loading a bomb and subsequent falls.

The Board has determined that the Veteran's incomplete fusion of the cervical spine is at least as likely as not caused by or aggravated by his service-connected diabetes mellitus.

The Board found no evidence of a neck injury or arthritis in service, and concluded that the Veteran's current neck disability is not related to his military service.