Neck / cervical spine decisions — 2008

The Board denied the veteran's claims of service connection for cervical spine, bilateral knee, bilateral ankle, and left foot disabilities due to a lack of evidence linking these conditions to his military service.

The Board has remanded the case to the RO for further action, including scheduling a hearing before the Board.

The Board has denied the veteran's petitions to reopen his previously denied claims for service connection for rectal bleeding, cervical and thoracolumbar spine disability(ies), anxiety disorder, tailbone pain, and hernia. The appeals were based on new evidence not previously considered by VA.

The Board found that the veteran's current lumbar, cervical, thoracic spine, bilateral shoulder, bilateral hip, and bilateral leg disabilities are not causally related to his active service or any incident therein.

The Board found that the veteran's current cervical spine disorder did not have onset during active service and is not otherwise related to his service. The claim for service connection was denied.

The veteran's service-connected lumbar spine disability was initially rated at 10 percent and increased to 20 percent effective March 19, 2008. The claim for uterine fibroids resulted in a noncompensable rating. The cervical spine disability warranted a separate 10 percent evaluation for right L4-5 radiculopathy. No higher evaluations were granted for the other service-connected conditions.

The Board has remanded the case for additional development, including obtaining medical records and Social Security Administration (SSA) records. The veteran is also to be provided with a VA examination to determine the nature, extent, and etiology of his cervical spine disability.

The veteran's claims for increased ratings for right acromioclavicular joint bursitis and arthritis, traumatic arthritis and degenerative disc disease of the cervical spine, and headaches, residuals of whiplash injury were denied. The current evaluations are 40 percent, 20 percent, and 10 percent respectively.

The Board denied the veteran's claims of entitlement to service connection for hearing loss, loss of sense of smell, loss of sense of taste, and cervical spine disability. The evidence did not establish a direct relationship between these conditions and his military service.

The Board has determined that the veteran is entitled to a 20 percent rating for fibromyalgia since April 21, 2004. The evidence shows widespread musculoskeletal pain and tender points with fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms that are nearly constant.

The veteran's cervical and thoracolumbar spine disabilities, bilateral eye conditions (including cataracts and glaucoma), blurred vision of the left eye, concussion, peripheral vestibular disorder, tinnitus, and depression are not related to his military service. The veteran does not have any service-connected disabilities that would allow him to be granted a TDIU.

The veteran's appeals for service connection on the issues of bilateral leg disorder, cervical spine disorder, lumbar spine disorder, and bilateral foot disorder have been dismissed due to withdrawal by the veteran.

The Board has determined that the veteran's diagnosed carpal tunnel syndrome and cervical radiculopathy were not incurred in or aggravated by active service.

The Board has determined that the veteran does not have any of the claimed conditions related to his military service, and thus denied all claims for service connection.

The Board has determined that the veteran's cervical spine, right shoulder, and left shoulder disorders were not incurred or aggravated by service. The claims for these conditions are therefore denied.

The Board has determined that the veteran's current cervical spine disability, claimed as a neck injury, was not incurred in or aggravated by active service and is not related to her military service.

The Board denied the veteran's claims for service connection for bilateral hearing loss and cervical arthritis, finding that there was no evidence of a current disability or a link to service. The claim for tinnitus is pending.

The Board has determined that the veteran's cervical spine disorder did not have onset during service, was not related to his service-connected residuals of a lobectomy, and is unrelated to his service. Therefore, service connection for a cervical spine disorder is denied.

The Board found that the veteran's current cervical spine disability, including radiculopathy of the upper extremities, is not related to the in-service accident. The VA examiner stated that due to the location of the head scar and force transmission, it is less than 50/50 probability that the veteran's spine problems are due to this injury.

The veteran is seeking service connection for cervical spine and left hand/forearm disorders, which he claims are related to his service-connected low back pain. The Board has determined that additional VA examinations are needed to address the etiology of these conditions.