Neck / cervical spine decisions — 2007

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's back and neck disabilities are related to service.

The Board denied the veteran's claims for service connection for degenerative arthritis of the cervical spine and bilateral knee conditions, finding that there was no evidence to support a causal relationship between these conditions and his active military service.

The Board finds that the preponderance of the evidence is against the veteran's claim for service connection for a cervical spine disability, including degenerative arthritis and radiculopathy at C6-7. The veteran's available service medical records do not show treatment for a cervical spine injury or disorder during his military service. There is no objective evidence of continuity of symptomatology after service. The initial demonstration of the disability at issue, years after service, is too remote from service to be reasonably related to service. No competent clinical evidence relates the veteran's current cervical spine disability to his military service.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for neck and esophageal disabilities resulting from medical treatment in December 1997, finding that there was no evidence of fault or negligence on the part of VA.

The Board denied the veteran's claims for increased ratings for his cervical and lumbosacral spine disabilities, as well as his right shoulder instability and plantar fasciitis. The veteran's current diagnoses do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has granted service connection for a cervical spine disability, but denied service connection for a low back disability. The veteran's current disabilities are not related to his military service.

The Board finds that the veteran's cervical spine condition was not incurred or aggravated in service and is not etiologically related to his service-connected lumbosacral strain. The radiculopathy of the right and left upper extremities are also denied as secondary to the cervical spine condition.

The Board is remanding the case for additional development, including obtaining SSA records and any relevant medical records.

The veteran's TDIU claim was denied as the evidence did not show he became unemployable due to his service-connected disabilities during the year prior to filing his claim.

The Board denied the veteran's claims for service connection for residuals of a cold injury, residuals of a concussion, right side paralysis due to cervical spine disability, degenerative changes with radiculopathy, status post C3 through C7 laminectomies and facet fusion. The decision also noted that new and material evidence had not been submitted to reopen the claim of service connection for headaches.

The Board found no evidence of a neck injury in service and concluded that the veteran's current cervical spine disability is not related to his military service.

The veteran's degenerative disc disease of the cervical spine is currently rated as 10 percent disabling. The Board finds that the objective medical findings do not meet the criteria for a higher rating under the revised criteria effective September 26, 2003.

The Board has reopened the veteran's claims for service connection of degenerative joint disease of the right ankle, cervical spine, and lumbar spine. The evidence shows that these conditions were aggravated by in-service injuries.,Service connection is granted for degenerative joint disease of the right ankle, cervical spine, and lumbar spine as they are considered to have been aggravated by service.

The Board has reopened the appellant's claim for service connection for a neck disability due to new evidence suggesting possible service connection. However, the underlying issue of whether the current neck disability is related to service remains pending and will be addressed in a separate decision.

The veteran's cervical spine arthritis is rated at 20 percent since October 4, 2005. Prior to that date, the rating was 10 percent.

The veteran's appeal is being remanded for additional examinations to evaluate the severity of his service-connected cervical spine and left shoulder disabilities.

The veteran's appeal involves multiple service connection claims for various conditions, as well as reopening of several previously denied claims. The case is being remanded to the RO for additional development and consideration.

The veteran's cervical spine spondylosis with disc herniation is granted service connection as it was incurred in combat service. The claim for an increased evaluation for PTSD is remanded.

The Board has denied the veteran's claims for service connection for cervical, thoracic, and lumbar spine disorders due to a lack of evidence showing these conditions were incurred during his military service.

The Board denied the veteran's claims for service connection for osteoarthritis of the cervical spine with right ulnar nerve impairment, as secondary to his service-connected residuals of a fracture of the right great toe and first metatarsal with arthritis. The claim for an increased rating was also denied, and the TDIU claim was not granted.