Neck / cervical spine decisions — 2008

The Board has remanded the case for additional development, including obtaining medical records and providing notice under VCAA. The veteran's claims of service connection for left shoulder, cervical spine, and bilateral hearing loss disabilities are being reviewed.

The Board denied the veteran's claims for effective dates prior to September 16, 2004 and September 17, 2004 for increased evaluations of his cervical spine disability and bilateral defective hearing, respectively. The effective dates were based on VA examinations showing entitlement to the higher evaluations.

The Board has reopened the veteran's claim for service connection for residuals of whiplash and cervical spine, finding new and material evidence. However, it denied service connection due to lack of a nexus between the current disabilities and service.

The Board denied the veteran's claims of service connection for a cervical spine disability and chronic left arm pain, finding that new evidence did not relate to a fact not previously established necessary to substantiate the claim. The VA examiner found no link between the veteran's current condition and his in-service motor vehicle accident.

The Board has remanded the case for further development and readjudication, including consideration of applicable diagnostic codes.

The veteran's right shoulder tendonopathy and cervical degenerative disc disease have been granted service connection, with initial evaluations of 10% for the right shoulder and 30% for the cervical spine. The thoracolumbar degenerative changes are rated at 10%.

The Board has granted service connection for left shoulder impingement syndrome, finding that the veteran's symptoms are at least in equipoise with the need to grant this claim. Service connection for residuals of a cervical spine injury was denied.

The Board has remanded the case for additional development, including obtaining a nexus opinion regarding whether the veteran's cervical spine disability and GERD are related to his military service.

The Board has granted service connection for the veteran's left knee medial meniscus tear, which is secondary to his service-connected left tibia/fibula fracture. However, secondary service connection was not established for his right knee disorder and degenerative arthritis of the cervical and lumbar spines.

The Board found that the appellant's back disorder was not incurred in or aggravated by service, and denied his claim.

The Board denied the veteran's claim for service connection for residuals of a left shoulder injury due to lack of current disability evidence.

The Board denied the veteran's claim for service connection for a cervical and lumbar spine strain, finding no evidence of such disability during active duty or any link to in-service events.

The Board granted service connection and assigned initial ratings for the veteran's disabilities, including chronic lumbosacral spine strain with early degenerative disc disease, cervical spine disability (status post anterior fusion C4 through C6), residual right upper radiculopathy, and chronic left knee strain. The veteran was not granted an evaluation in excess of 10 percent for any condition.

The Board has reopened the veteran's claim for service connection for PTSD, but finds that there is no current diagnosis of PTSD. The claims for major bipolar disorder, right knee strain, right ankle strain, left shoulder strain, arthritis of the cervical spine, and peripheral neuropathy are all denied as not related to service.

The Board has determined that the veteran does not have a current disability of degenerative joint disease of the thoracic spine or lumbar strain, and thus cannot establish service connection for these conditions.,For the cervical spine disorder, the Board found sufficient evidence to connect it to the veteran's military service.

The Board has granted service connection for a lumbar spine condition with radiculopathy, finding that the veteran's service-connected bilateral claw foot contributed to his current disability.

The Board has determined that the veteran is not in need of regular aid and attendance or permanently housebound due to her disabilities, and therefore does not meet the criteria for special monthly pension based on these conditions.

The Board has remanded the case due to inadequacies in VA medical examinations and deficiencies in the analysis provided.

The Board has denied the veteran's claims for service connection for a stomach disorder, alopecia areata, and arterial hypertension. The claim for service connection for alopecia areata was denied as there is no medical evidence showing that the veteran had alopecia areata at the time of filing or thereafter.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for a neck disorder and a left foot disorder. The medical records indicate current disabilities involving these conditions as a result of service.