Neck / cervical spine decisions — 2007

The Board found that the veteran's cervical spine injury residuals do not meet the criteria for a rating higher than 40 percent, as there is no evidence of fracture injury to the vertebra or pronounced intervertebral disc syndrome. The current disability ratings are in effect.

The Board denied increased ratings for the veteran's service-connected degenerative arthritis of the lumbar spine and cervical spine, as well as a compensable rating for tinea cruris. The claim to reopen a claim for service connection for oligospermia/infertility was also denied.

The Board denied the veteran's claims for service connection for degenerative joint disease of the cervical spine and rheumatic heart disease, finding that there was no evidence to support a current disability or a link between his military service and these conditions.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for cervical spine disc disease with limitation of motion and lumbar spine disorder, status post strain. The medical opinions provided since the prior denial suggest a link between these conditions and an automobile accident during military service.

The Board has dismissed the veteran's claims for service connection for cervical spine and right shoulder disabilities due to his withdrawal of these issues.

The Board has determined that the veteran does not have a current disability related to his period of active duty service for any of the conditions he is seeking service connection for, including left and right knee injuries, left and right ankle injuries, hepatitis, head injury, bilateral hearing loss, tinnitus, cervical spine disability, and lumbar spine disability. The Board has also determined that there is no evidence of a nexus between these disabilities and his period of active duty.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The veteran's TDIU claim will be reconsidered based on the new evidence.

The Board is unable to determine whether the veteran currently suffers from a diagnosed chronic gynecological condition based on the available information. The case is REMANDED for further development.

The Board has remanded the case for additional development, including obtaining medical records from the Social Security Administration and providing the veteran with a neurological examination to determine if his current cervical spine disability is related to symptoms noted in service.

The Board has determined that the veteran's lumbar spine disorder was aggravated by military service, and thus service connection is granted for that portion of her disability. The cervical spine disorder claim requires additional action from the RO.

The veteran is seeking service connection for cervical spondylosis with multi-level degenerative disc disease, which he claims began in service. The VA has denied this claim based on the absence of any neck problems at service separation or for more than 20 years thereafter. The Board has ordered additional development to obtain medical records and a rationale from the VA treating physician.

The Board has determined that the veteran's post-operative residuals of a fatty tumor on the back and his neck condition did not manifest during service or within one year thereafter, and are not related to any aspect of service. Therefore, service connection is denied.

The veteran's current neck disability is etiologically related to her active duty service, and the Board finds that she incurred a neck disability in active duty service. The decision grants service connection for this condition.

The Board has remanded the case due to insufficient evidence regarding the nature and likely etiology of the veteran's current cervical spine disability, particularly in light of the nearly 40-year gap between service and the motor scooter accident.

The Board has denied the reopening of claims for service connection for a cervical spine disorder and a low back disorder due to lack of new and material evidence.

The Board has remanded the case for additional development, including obtaining service medical records and treatment records from various facilities. The veteran's claim for service connection for a cervical and lumbar spine disorder will be reconsidered based on the new evidence.

The Board has determined that the veteran's low back and cervical spine disorders are incurred in service, with all reasonable doubt resolved in favor of the veteran.

The Board has determined that the veteran's osteoarthritis of the left shoulder, neck, and thoracic joint (chest and ribs) is not related to his service-connected injury to the thoracic muscles with resection of the fourth rib. As a result, compensation under 38 U.S.C.A. § 1151 for this condition has been denied.

The veteran's combined disability rating is 80 percent, and the VA medical opinions indicate that her service-connected disabilities do not preclude substantially gainful employment.

The Board has denied the veteran's claims for service connection for right ring finger disability, neck disability, and low back disability. The claim for left chest melanoma is being remanded due to incomplete records.