Neck / cervical spine decisions — 2006

The Board has determined that a back disability, specifically herniated nucleus pulposus of the cervical spine, was incurred in service and is currently present. The effective date for this determination will be set by the AMC.

The Board found that the veteran's current low back, migraine headaches, and cervical spine disabilities are not causally related to her active service or any incident therein.

The Board has denied the veteran's claims for service connection for a thoracic spine disorder and a cervical spine disorder, with radiculopathy, degenerative disc disease, and bilateral shoulder pain. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The veteran does not currently have disabilities of the neck, low back, right knee, left knee, or right foot. Service connection for these conditions is denied.

The veteran is seeking earlier effective dates for various service-connected disabilities and the award of a total rating based on individual unemployability. The case must be remanded to allow for proper VCAA notice, issuance of a Statement of the Case, and readjudication.

The veteran's claim to reopen service connection for arthritis of the cervical spine was not granted, but his claim for an initial compensable evaluation for residuals of a fractured right mandible was denied. The Board found that new and material evidence had not been received to reopen the service connection claim, while the disability rating issue was decided on its merits.

The Board found that the veteran's degenerative arthritis of the cervical spine and left ear hearing loss are not service connected as secondary to his poliomyelitis.

The veteran's claims for service connection for bilateral shoulder, arm, and cervical spine disorders are being remanded due to the need for additional development of his medical records.

The veteran's cervical strain/sprain with elements of myofascial pain syndrome and lumbosacral strain are currently rated at 10 percent, but the Board finds that neither condition warrants a higher rating based on current evidence.

The Board has remanded the case due to inadequate notice and missing VA records, requiring further examination and development of evidence.

The Board found that the veteran's cervical spine disability was not caused by VA negligence or carelessness, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the veteran's cervical myelopathy was not incurred in service and is not related to his service-connected low back disability, thus denying the claim.

The Board has determined that service connection is not warranted for the claimed heart disability. The veteran's claim for a higher initial evaluation for cervical spine disability was also denied.

The veteran's appeal is being remanded for further development, including consideration of the diagnostic criteria for intervertebral disc syndrome effective as of September 26, 2003.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, right ankle disability, residuals of a head injury, bilateral shoulder disability, neck disability, and astigmatism in the April 2002 rating decision. The appeal was not timely filed.

The Board found that the veteran's current cervical spine disability, including arthritis, is not related to service and denied his claim.

The Board denied the veteran's claims of increased rating for PTSD and entitlement to TDIU due to his failure to report for scheduled VA examinations. The veteran was not granted service connection for a headache condition, hypertension, low back disability, cervical spine disability, shoulder disability, or left ear hearing loss.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, specifically hearing loss. The VA examination results do not meet the criteria for hearing loss as defined by VA regulations.

The veteran's claim for a disability rating in excess of 10 percent for cervical spine strain/sprain with minimal degenerative changes of the thoracic spine was denied. The RO found that the evidence did not support an increase in his current rating.

The Board has denied the veteran's claims for service connection for a cervical spine disability and a right shoulder disability claimed as secondary to his service-connected right elbow disability.