Neck / cervical spine decisions — 2013

The Veteran's cervical spine disability is rated at 20 percent for the period beginning September 6, 2011. The Board found that his symptoms did not meet or approximate criteria warranting a higher evaluation based on functional impairment due to pain and other factors. Service connection was granted for left upper extremity radiculopathy.

The Board denied the Veteran's claims of service connection for low back and neck disabilities in June 1997. The evidence received since then is not new and material, so the claims cannot be reopened.

The Board has ordered additional development due to the inadequacies of a previous examination, including not discussing all disabilities and their impact on employment. The Veteran is required to provide information about any VA or private healthcare providers who have treated him since 2006.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's lumbar spine disability is currently rated at 20 percent, and his cervical spine disability was previously rated at 10 percent prior to October 22, 2008. Since then, it has been rated at 20 percent. The Board finds that the current ratings adequately reflect the severity of these disabilities.

The Board has granted service connection for degenerative disc disease of the cervical spine and radiculopathy of the right upper extremity, finding that these conditions are related to service.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for cervical spine, thoracic spine, and numbness in both upper extremities disabilities. The preponderance of the evidence fails to establish a link between these conditions and his military service.

The Veteran's claim of service connection for a neck disability was reopened and granted, with an initial rating of 10 percent effective August 31, 2004.,Service connection for myelopathy, radiculopathy of the bilateral upper extremities, and radiculopathy of the bilateral lower extremities were also granted as secondary to a neck disability. The Veteran's low back injury was rated at various levels from 10 percent to 40 percent.

The Board found that the Veteran does not meet criteria for service connection for PTSD, and his claimed low back disorder is best characterized as primary insomnia. The Veteran's other claims of service connection were denied due to lack of a diagnosed condition within one year post-service.

The Board has determined that the Veteran's current lumbar spine disability is related to his service, and thus grants service connection for this condition. The issue of cervical spine disability remains pending.

The Board granted a 30 percent rating for cervical spondylosis, denied compensation under 38 U.S.C.A. § 1151 for a right leg disability, and remanded the other issues.

The Veteran's cervical spine disability was rated at 10 percent from June 3, 1998, to August 15, 2007, and at 20 percent as of August 16, 2007.,VA denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities.

Service connection was denied for a neck disorder, diagnosed as degenerative disc disease of the cervical spine. The Veteran's current condition is not service-connected due to lack of medical evidence linking it to his military service.,The claim for removal of the gall bladder was also denied. There is no credible or competent evidence showing that this surgery occurred during service and there are no indications of a chronic disability resulting from any illness.

The Board found that the Veteran's urinary incontinence is not related to his service-connected back disability and denied the claim for service connection.

The Board has granted an effective date of September 18, 1998 for the award of TDIU and found that DIC benefits under 38 U.S.C.A. § 1318 are warranted due to the Veteran's unemployability.

The Board found that the Veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by active service, nor are they related to his service-connected pes planus. The VA examiner concluded that the current spinal conditions are age-related.

The Veteran's claims for service connection and increased rating for his right ankle disability were granted, with a current rating of 20 percent effective from November 8, 2011.

The Veteran is seeking service connection for various disabilities including a respiratory disability, sinusitis, degenerative disc disease of the lumbar spine, lumbar radiculopathy, postoperative residuals of a cervical spine injury, left arm and shoulder disability, an acquired psychiatric disability (PTSD), and bilateral pes planus. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for sinusitis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for degenerative disc disease of the lumbar spine on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for lumbar radiculopathy on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for postoperative residuals of a cervical spine injury, status post fusion on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for left arm and shoulder disability on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for an acquired psychiatric disability (PTSD). The claims are being remanded to allow for further development of the claim, including consideration of PTSD under Clemons v. Shinseki, 23 Vet. App. 1 (2009).,The Veteran is seeking service connection for bilateral pes planus based on a presumption of soundness due to the absence of pes planus at entrance into service and exposure to asbestos and tear gas during service.

The Veteran's claims for increased ratings for depression, cervical spine disability, thoracolumbar spine disability, right foot plantar fasciitis and left foot plantar fasciitis were denied. The RO assigned non-compensable ratings to these disabilities.

The Board has jurisdiction over the propriety of a compensable rating for residuals of fracture, left cheekbone, left malar. The Veteran's facial nerve damage, trigeminal nerve, is rated 10 percent since February 27, 2008.