Neck / cervical spine decisions — 2005

The Board denied the veteran's claims for service connection for cervical arthritis, left knee disability (arthritis), short-term memory loss, and rashes and sores (folliculitis).,There is no evidence of a chronic disability manifested by these conditions during or within one year after service. The Board found that any current disabilities are not related to service.

The Board has remanded the case for additional development, including a supplemental statement from the same VA physician to resolve the increased rating and secondary service connection issues on appeal.

The Board found that the veteran's left hand symptoms are more likely associated with his service-connected cervical spine disability and/or left cubital tunnel syndrome, thus denying the claim for separate service connection.

The Board has granted service connection for depression as secondary to the veteran's service-connected disabilities, including his cervical spine and groin conditions. The effective date of the TDIU is set at January 7, 2003.

The Board found that the veteran's current arthritis of the cervical spine and lumbar spine were not incurred in or aggravated by service, and may not be presumed to have been incurred in service.

The Board found that the veteran's claims of service connection for left hip, cervical spine, and low back disabilities were not supported by evidence sufficient to establish a nexus with his military service. The right hip disability claim was denied as well due to failure to report for an examination.

The Board has remanded the case for further development due to incomplete records and need for additional examinations.

The Board has determined that the veteran's current left shoulder and cervical spine disabilities are not related to his military service, and therefore denied the claims for service connection.

The Board has determined that the veteran's current low back disability is related to his in-service cervical spine injury, and service connection for residuals of a low back injury is granted.

The Board finds that the veteran's acquired psychiatric disability is not proximately due to or the result of his service-connected residuals of a head injury. The VA medical records do not provide sufficient evidence to establish a nexus between the veteran's current cervical spine disability and his military service.

The veteran's appeal for service connection for cervical canal stenosis, status post laminectomy at C5-C6 was dismissed due to the appellant withdrawing his appeal. The issues of entitlement to a rating in excess of 30 percent for the residuals of a left knee injury and entitlement to a rating in excess of 10 percent for traumatic arthritis of the left knee are being remanded.

The veteran's claimed conditions were not incurred or aggravated by his active service, including exposure to ionizing radiation.

The Board found that the February 1994 rating decision denying service connection for a cervical spine disability was not based on CUE. The claim for an earlier effective date of service connection for degenerative interspace disease of the cervical spine with bulging discs at C5, C6 and C7 is denied.

The RO has granted increased ratings for the veteran's cervical and lumbar spine disabilities to 10 percent, effective from July 1, 1994. The left knee disability remains at a 20 percent rating.

The Board has remanded the case due to insufficient information regarding the etiology of the veteran's cervical spine disability. The RO is instructed to obtain additional medical records and provide the veteran with another opportunity to submit evidence.

The Board has denied the veteran's claim for service connection for a cervical spine disorder, finding that it is not secondary to his service-connected lumbar spine and left foot/ankle injuries.

The Board has ordered a VA examination to determine if the veteran's current cervical and lumbar spine problems are related to his military service, specifically parachute jump activities. The appeal is currently in remand status due to the need for additional development.

The Board has remanded the case for additional development due to incomplete medical records and further examination.

The veteran's cervical spine disability, loss of bladder control secondary to service-connected chronic low back strain, and loss of use of the lower extremities secondary to service-connected chronic low back strain are not related to his military service. However, his lumbar discogenic disease is presumed to have resulted from an in-service injury. The veteran currently suffers from severe low back pain that radiates into both legs, resulting in a 60 percent rating for chronic low back strain with lumbar discogenic disease.

The veteran's claims for increased ratings and service connection were denied. The Board found that the current ratings for lumbosacral strain and cervical strain did not meet the criteria for higher evaluations, and there was no evidence linking his shoulder, hip, or fibromyalgia to service.