Neck / cervical spine Board decisions

The Board has granted a 40 percent rating for the Veteran's service-connected degenerative disc disease L4-L5 with chronic low back pain, effective as of the date of decision. The claim for service connection for a cervical spine disorder is also granted and a separate compensable rating is assigned for neurologic impairment of the right lower extremity associated with this condition. A TDIU claim is also granted.

The Board has granted service connection for a cervical spine disability, finding that the Veteran's current condition is at least as likely as not caused by his military service.,Service connection was denied for a lumbar spine disability due to lack of chronicity of symptomatology since service.

The Board has determined that the Veteran's neck, back, and bilateral knee disabilities did not have their onset during active service or within one year thereafter, and are not causally related to service. As a result, the claims for service connection for these conditions are denied.

The Board has remanded the Veteran's claims due to outstanding development needed, including VA examinations for head trauma and cervical spine disorders.

The Board found that the Veteran's current low back, upper back, and neck disabilities are not attributable to service or his service-connected left knee disability.

The Veteran's initial claim for a higher rating for his service-connected cervical spine disability was granted, and he is currently rated at 20 percent effective October 11, 2006.

The Veteran's death was not service-connected, as he had been receiving a total disability rating based on individual unemployability for over ten years prior to his death.

The Board found that the Veteran's cervical radiculopathy, status post laminotomy, discectomy, and foraminotomy, as well as her lower back disability (DDD and DJD), are not related to service. The claims were denied.

The Veteran seeks service connection for headaches, which he claims are secondary to a traumatic brain injury sustained in service. The Board is concerned that there may be a relationship between his headaches and his service-connected cervical strain with muscle spasm.

The Veteran's appeals have been resolved by the RO, and he has received staged ratings for his disabilities. As a result, there are no remaining issues to be decided.

The Board has determined that the Veteran's claimed conditions are not etiologically related to service or a service-connected disability, and thus denied his claims for service connection.

The Board finds that the Veteran likely developed multilevel cervical spine DDD while in service, and grants entitlement to service connection for this condition based on a presumption of service connection.

The Board finds that the preponderance of evidence is against finding a current cervical spine disability that had its onset in service or is otherwise associated with service. The Veteran's claim for service connection for a cervical spine disability is denied.

The Veteran's claim for a higher rate of SMC based on the need for a higher level of aid and attendance (A&A) has been denied as he is not shown to be in need of such care.

The Veteran's claims for service connection and increased ratings are being remanded to obtain additional medical evidence, including VA treatment records. The right knee disability claim will also be considered under the presumptive provisions of 38 C.F.R. § 3.317 due to Southwest Asia Service and Kuwait Liberation Medals.

The Veteran's lumbar strain with degenerative disc disease is rated at 40 percent as of April 14, 2011. His cervical spine disability remains rated at 30 percent throughout the appeal period.

The Board has determined that the Veteran's reported in-service injury is not credible, and therefore, service connection for any cervical spine disorder, numbness and tingling of the lower extremities, or headaches cannot be established. The Board also found no evidence of a chronic disease manifesting within one year post-service.

The Veteran's peripheral neuropathy of the lower extremities is granted as secondary to his service-connected lumbar spine disability. The issues of entitlement to service connection for peripheral neuropathy of the upper extremities are remanded due to potential inextricably intertwined issues with the issue on appeal.

The Board has granted service connection for T12 and L1 anterior compression fractures, reopening the claim of service connection for a low back disability. The Veteran's cervical spine disability is also service connected.

The Veteran's claims for increased evaluations and separate evaluations have been denied. The Board found that the evidence did not support additional convalescence benefits or higher ratings for his service-connected conditions.