Neck / cervical spine decisions — 2004

The Board has determined that additional development is needed, including obtaining the veteran's reserve medical and personnel records from his period of service in the U.S. Army Reserve (1976-1995), scheduling a VA examination to determine if his current cervical spine disability had its onset during service, and then re-adjudicating the claims.

The Board has granted service connection for arthritis of the lumbar spine. The veteran's right lower extremity disability and cervical spine disability are also found to be related to service, but further development is needed as there is ambiguity regarding their specific nature.

The veteran's right elbow disorder is rated at 10 percent, and he has a combined evaluation of 80 percent from his service-connected disabilities. The Board finds that the evidence does not support an increased rating for the right elbow disorder. However, the veteran's multiple service-connected conditions collectively preclude him from obtaining and retaining substantially gainful employment, warranting a TDIU.

The Board has denied the veteran's claims for increased evaluations for service-connected left shoulder strain, right great toe strain, and patellofemoral pain syndrome of the left knee. The issues of disability evaluations for cervical and lumbosacral strain and service connection for chest pain are remanded to the RO.

The Board has granted the veteran's claim for payment of $1,280.17 in unauthorized medical expenses incurred on April 2, 2002 due to her service-connected postoperative cervical cancer.

The Board has determined that the veteran does not have a current disability related to his service, except for left knee osteophyte and chondromalacia which is presumed due to trauma from active duty service. The other conditions are either not shown to be related to service or were not found by the RO in their initial decision.

The Board has remanded the case for additional development, including an orthopedic examination and a dental examination. The issues of service connection for cervical and lumbosacral spine disabilities are pending.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims of service connection for back and neck disabilities, as the newly submitted evidence does not relate to an unestablished fact necessary to substantiate these claims.

The Board has denied the veteran's claims for service connection for low back disorder and cervical spine disorder, finding no nexus to service. The skin disorder claim is not addressed as it does not involve a service connection issue.

The Board finds that the veteran does not have a distinct left leg disorder, loss of use of legs, or right arm disorder. The symptomatology claimed as left leg disorder and loss of use of legs is related to his service-connected lumbar spine disability. The symptomatology claimed as right arm disorder is related to his non-service-connected cervical spine disorder.

The Board found that the veteran's spinal disability, characterized as osteoarthritis of the cervical spine, is not related to his service. The veteran's bilateral carpal tunnel syndrome was also not related to his service.

The Board denied the veteran's claims of service connection for various conditions, including hearing loss in her left ear, ankle disorders on both feet, knee and hip disorders, arthritis, neck/cervical spine disorder, and back disorder. The Board found no evidence linking these conditions to military service.

The veteran's appeal is remanded for additional development, including examinations and a review of the claims file to determine if service connection can be established for his claimed cervical spine disorder, low back disorder, and prostate cancer.

The veteran's cervical spine disability was found to be incurred as a result of active duty service, and the claim for service connection is granted.

The Board has remanded the case for additional development due to new evidence and a need to reassess the veteran's cervical spine and jaw disabilities.

The veteran's appeal is being remanded due to the need for updated medical records, regulatory changes in spine rating criteria, and recent testimony indicating increased severity of his service-connected disabilities.

The Board denied service connection for degenerative disc disease of the cervical spine, lumbar spine with bilateral lower leg disorder including pain and numbness, osteoarthritis of the left knee, generalized weakness of the body, and leg numbness.,Service connection was not established for any of these conditions.

The Board has granted service connection for the veteran's degenerative arthritis and scoliosis of the cervical, thoracic, and lumbar spines on a secondary basis to his service-connected right knee disability.

The veteran seeks service connection for degenerative changes of the cervical and lumbar spine, but the VA examiner's opinion is insufficient to determine if these conditions are related to his military service. The case is being remanded for further evaluation.

The Board has remanded the case for additional development due to incomplete medical records and further review of the expanded record.