Neck / cervical spine Board decisions

The Board has determined that the veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by his military service.

The Board found that the veteran's current lumbar and cervical spine disabilities are not related to service, and thus denied his claims for service connection.

The veteran's low back disability is rated at 20 percent, and his service-connected disabilities do not meet the criteria for a TDIU. The appeal is denied.

The veteran's cervical spine disability with arthritis is currently rated at 20 percent, effective September 23, 2002. The evaluation remains unchanged.

The Board denied the veteran's claims for increased ratings and service connection, finding that her right ankle sprain warranted a 10 percent rating. The other issues were also denied.

The VA granted an initial evaluation of 10 percent for the veteran's cervical spine disability from November 12, 1999 to September 5, 2005. From September 6, 2005, a higher evaluation of 30 percent was granted.

The veteran's claim for a higher rating for his cervical spine disability is being remanded to obtain additional medical records and to schedule the veteran for an examination.

The Board found that the veteran's claimed conditions were not incurred or aggravated during service and did not develop as a result of an established event, injury, or disease. The claims for service connection were denied.

The veteran's TDIU claim is denied because the evidence shows he is unable to secure and maintain substantially gainful employment due to his nonservice-connected psychiatric disorders, not his service-connected disabilities.

The Board has decided to remand the case for further development, including a VA examination and etiological opinion regarding the relationship between the veteran's cervical spine disability and his service-connected right shoulder disability.

The veteran's service-connected cervical and lumbar spine disabilities precluded him from securing or following a substantially gainful occupation as of March 1, 1999. The effective date for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) is set at March 1, 1999.

The Board has determined that the veteran's current cervical spine disability is related to his in-service injury, and thus service connection for this condition is granted.

The veteran's claims for service connection are being remanded due to the need to obtain additional VA treatment records and ensure all duty-to-assist obligations have been met.

The Board has determined that the veteran's service-connected cervical spine disability warrants a 20 percent disability rating, reflecting moderate limitation of motion.

The Board has granted service connection for a disability of the left forearm, manifested by a scar and weakness. Service connection was denied for cervical spine, left shoulder, and headaches.

The veteran's sinusitis is currently rated at 10 percent, but does not meet the criteria for a higher rating due to insufficient incapacitating episodes.,For the period prior to May 4, 2005, the veteran's cervical spine disability was rated at 10 percent. After May 4, 2005, it is rated at 30 percent.

The Board has granted a disability rating of 30 percent for residuals of a neck injury with associated headaches, effective July 20, 2001. The veteran is also entitled to Paragraph 30 benefits based on need for convalescence following L4-5 and L5-S1 anterior discectomy and anterior fusion performed on December 19, 2001.

The veteran's cervical spine disability was granted a 20 percent rating effective November 8, 2006. His thoracic spine disability remains at a 10 percent rating.

The Board denied the veteran's claims for a higher evaluation for lumbosacral strain syndrome and service connection for a neck disability, finding that his conditions did not meet the criteria for increased ratings or service connection.

The veteran's claims for service connection for stress fracture to the right foot, bilateral shin splints, and cervical dysplasia are denied. The VA will seek additional records from her National Guard service and provide a VA examination to determine if she currently has these conditions.