Neck / cervical spine decisions — 2008

The Board has determined that the veteran does not have residuals of a back injury, left knee injury, or cervical spine injury linked to service on any basis. Service connection is therefore denied for these conditions.

The Board has decided to remand the veteran's claims for service connection for cervical and lumbar spine disabilities due to incomplete records, including SSA records and private medical records. The case will be returned to the RO for further development.

The veteran's cervical spine fusion with degenerative disc disease and episodic right upper extremity radiculitis is rated at 10 percent prior to July 31, 2005; 20 percent from August 1, 2005 to March 22, 2007; and 30 percent thereafter. The veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 20 percent.

The veteran's cervical strain, myositis, ankle sprains, and patellofemoral syndrome of the knees were not incurred in or aggravated by his military service.

The Board finds that the evidence is in equipoise and warrants service connection for the cervical spine DDD as a residual of an in-service injury.

The Board denied service connection for a cervical spine disability and a rating in excess of 40 percent for the veteran's lumbar spine disability. The case is being remanded to allow for further development.

The veteran's appeal has been dismissed as she withdrew her appeal for the issues related to cervical spine degenerative changes.

The Board found that the veteran's left knee disorder existed prior to service and was not aggravated by service. The lumbar spine and cervical spine disorders were not shown to be incurred or aggravated by service.

The Board denied the veteran's claims for service connection for a neck disability, left arm disability, and bipolar disorder. The claim for low back disability was not addressed as it had been previously denied.

The Board has determined that the veteran does not have a cervical spine or numbness of bilateral lower extremities disability that was caused or aggravated by his service. The claims are therefore denied.

The Board denied the veteran's claims for service connection for Gulf War Syndrome, fibromyalgia, a disability of the nervous system, cervical spine disability, lumbar spine disability, gastric disability, liver disability, and kidney disability. The reasons given were that the veteran did not serve in Southwest Asia during the Persian Gulf War and Gulf War Syndrome is not considered a recognized condition.

The Board has denied the veteran's claims for service connection for a cervical spine condition, bilateral hearing loss, and vertigo. The veteran did not meet the criteria for these conditions during or after his military service.

The Board denied the veteran's claims for increased evaluations and effective dates for his service-connected disabilities, including right eye retinitis/sarcoid uveitis, pes planus, and a scar in the area of the right forehead.

The Board finds that the veteran's osteoarthritis of multiple joints, including his cervical spine, lumbar spine, knees, hands, and feet, is related to his active military service. The appeal for this issue is granted.

The Board has found the evidence currently of record sufficient to establish the veteran's entitlement to service connection for a cervical spine disability with radiculopathy of both arms, as these conditions are directly related to his service-connected sarcoma of the right fibula and arthritis of the left knee.

The Board denied service connection for both the thoracic spine condition (claimed as residuals of a back injury) and the cervical spine condition, finding that there was no clear and unmistakable evidence to show pre-service existence or aggravation during service. The veteran's current conditions are considered to be due to his own development over time.

The Board has remanded the case due to inadequate VCAA notice, particularly regarding service connection for cause of death and non-service connected pension claim.

The Board has determined that the veteran does not have a hearing loss disability as defined by VA regulations and therefore, service connection for this condition is denied. For his neck disability, the evidence shows that he incurred such during active duty but there is no clear medical opinion linking it to service. Service connection is granted.

The veteran's claims for service connection are being remanded due to the need for additional examinations and development of his medical records.

The veteran's claims for service connection and an increased rating for PTSD are being remanded due to the need for further development, including obtaining VA treatment records and scheduling a new examination.