Neck / cervical spine decisions — 2008

The Board has determined that the veteran's current back and neck disabilities were not incurred or aggravated by service, and thus denied his claims for service connection.

The Board found that the veteran's cervical spine disability was not incurred or aggravated by his active duty service.

The Board found that the veteran's service-connected chronic lumbosacral strain does not warrant a higher than 10 percent rating due to limitations in range of motion and no findings of ankylosis or other severe disability. The current 10 percent rating is appropriate based on the examination findings.

The Board has determined that the veteran's cervical spine DJD and muscle spasms are related to his cervical spine injury in service, thus granting service connection for these conditions.

The veteran's service-connected back disability is not shown to warrant a rating in excess of 20 percent, and his claims for cervical spine disability are denied as the evidence does not support service connection. The issues regarding shoulder disabilities have been remanded.

The veteran's appeal is remanded due to his failure to appear for a scheduled videoconference hearing. He requested rescheduling due to short notice and personal reasons.

The Board found that the veteran does not have a currently diagnosed right shoulder disability, neck disability, low back disability, right hip disability, left knee disability, or left ankle disability.,Therefore, service connection for these conditions is denied.

The veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and providing clarification on whether his service-connected orthopedic disorders alone prevent him from securing or following a substantially gainful occupation.

The Board denied the veteran's claims for service connection for various conditions, including hemorrhoids, eye injury residuals, head injury residuals, neck disorder (spondylosis of cervical spine), and right elbow and right hand disorder (degenerative joint disease). The evidence did not establish a direct link between these conditions and active duty service.

The Board finds that there is no medical or X-ray evidence of a cervical spine disorder during service or within one year of service. The preponderance of the evidence is against a finding of a nexus between a current cervical spine disability and any incident of service, nor does it support a secondary relationship to a service-connected lumbar spine condition.

The veteran's claims for service connection are being remanded due to the need for additional evidence and procedural development.

The Board has denied the veteran's claims for service connection for residuals of a low back injury, bilateral hearing loss, and tinnitus. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has remanded the case due to incomplete service records and a need for additional medical records from the veteran's private physicians. The issue of whether the veteran's cervical spine disability is related to his military service remains under review.

The Board denied the veteran's claims for higher initial ratings for his bilateral knee and cervical spine disorders, laceration and cellulitis of the left hypothenar area, right bunionectomy, left bunionectomy, DuVries-Mann claw toe operation of the left second toe, and bilateral hearing loss.

The veteran's claims for service connection were denied as there is no evidence of a current disability related to his military service, and the symptoms he reported are not considered chronic or attributable to any known clinical diagnosis.

The veteran's cervical strain and herniated nucleus pulposus at L5 with degenerative joint disease L5-S1 have been rated as 20 percent disabling effective March 6, 2008. The rating is for the entire disability.

The veteran's appeal is being remanded due to the need for further development of her claims, including increased evaluations and service connection for various disabilities. The case will be returned to the Board for further consideration.

The Board has determined that the veteran's current cervical spine disability is related to his in-service injury, and service connection for this condition is granted.

The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for additional cervical spine disability, which he contends resulted from VA medical treatment provided in June through August 2002. The case has been remanded to obtain a VA examination and opinion regarding whether there was any additional disability resulting from VA carelessness or negligence.

The Board has determined that the veteran's service-connected right rhomboid sprain with cervical strain and low back disability do not warrant a rating higher than the current assigned ratings of 30 percent and 10 percent, respectively.