Neck / cervical spine Board decisions

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.

The Veteran's service-connected cervical spine degenerative disc disease was rated at 10 percent prior to January 5, 2011 and increased to 20 percent on and after that date.

The Veteran's cervical spine arthritis was found to have become manifest within one year of separation from service, warranting presumptive service connection. Non-cervical spine arthritis was not shown until many years after service and is presumed to be unrelated to service.

The Board finds that the preponderance of the evidence indicates that the Veteran does not have a current right ear hearing loss disability. Therefore, service connection for this condition is denied.

The Veteran's appeal is being remanded to the Department of Veterans Affairs Regional Office for further review and issuance of a statement of the case (SOC) addressing certain claims, including those related to higher evaluations and earlier effective dates. The Veteran will be provided with an opportunity to address these issues in his appeals.

The Veteran's appeal for service connection for fibromyalgia, chronic fatigue syndrome (CFS), residuals of a lobectomy and pneumonia, bilateral knee disability, low back disability, and cervical spine disability has been granted. She is also awarded a TDIU based on her service-connected disabilities.