Neck / cervical spine decisions — 2005

The veteran's claims for service connection and increased evaluations were denied. The Board found that scleroderma was not incurred in or aggravated by service, and the disability manifested by painful joints and fatigue and/or nausea is not related to service or undiagnosed illness.

The veteran's claim for an increased rating for traumatic arthritis of the thoracolumbar spine with mild radicular involvement, right lower extremity was granted. The effective date is April 16, 2005. The veteran also received a grant for his residuals of traumatic arthritis of the cervical spine.

The Board denied service connection for a lumbar spine disability, right knee disability, and cervical spine disability. The veteran's claim of reopening the cervical spine disability was also denied.

The Board found that the veteran's cervical spine disability did not meet or approximate the criteria for a rating in excess of 10 percent prior to September 26, 2003 and as of September 26, 2003. The effective date remains at September 26, 2003.

The veteran's claims for increased ratings were granted, with evaluations of 60 percent for the postoperative residuals of degenerative disc disease of the lumbar spine and 20 percent for neuropathy of the left lower extremity. The cervical spine claim was denied.

The Board found no evidence that the veteran's current cervical spine disability began during military service or was aggravated therein, and thus denied his claim for service connection.

The VA denied a rating in excess of the current 10 percent for the veteran's service-connected cervical spine disability, citing that his symptoms and findings do not meet the criteria for a higher evaluation.

The Board found no current chronic right shoulder disability, including as a manifestation of cervical spine radiculopathy. Therefore, service connection for the claimed condition was denied.

The veteran's claims for increased ratings for his cervical spine, right arm and right leg disabilities are being remanded to the RO for further development.

The Board has ordered additional development to obtain service medical records and post-service medical records, including from the Fitzsimons Army Medical Center. The veteran is also to be provided with a VA examination for an orthopedic and neurological evaluation of his neck and back disabilities.

The Board has remanded the case for a hearing at the RO before a Veterans Law Judge.

The Board has denied the veteran's claims for service connection for lumbar spine, cervical spine, left shoulder, and right knee disorders due to a lack of medical evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for cervical spine and low back disorders, finding no evidence of such conditions during or within one year after service. The claim for osteoarthritis of the knees was also denied as there is no direct evidence linking it to service.

The appellant is seeking higher evaluations for her service-connected lumbar spine, cervical spine, and right ankle disabilities. The initial evaluations were granted but not increased beyond the 10 percent levels.,For the diverticulosis disability, she seeks an evaluation in excess of 10 percent from December 1, 1999.

The Board finds that the veteran has a current cervical spine disability (neuritis/radiculopathy) that is related to her service-connected left shoulder disability, and grants service connection for this condition as secondary to her left shoulder disability. The claim for service connection for left ankle instability remains pending.

The Board has remanded the case for additional development, including a VA examination to determine if any of the veteran's claimed conditions began during service or are otherwise linked to incidents in service.

The Board has remanded the veteran's claim for service connection for a chronic cervical spine disorder to include degenerative arthritis due to inadequate examination and failure to address whether any identified disability is related to or increased in severity beyond its natural progression as a result of his service-connected disabilities.

The Board has determined that the veteran does not have a hearing loss disability for VA purposes and her tinnitus is not service-connected. The other conditions listed in the issues section are either not supported by evidence or were resolved prior to separation from service.

The Board denied the veteran's claims for service connection of right arm and hand, cervical spine condition, and low back condition as secondary to his service-connected right shoulder disability.

The VA determined that the veteran's current cervical spine disability is not related to his service, specifically noting a lack of continuity of symptoms and inconclusive evidence linking the current condition to events during active duty.