Neck / cervical spine decisions — 2008

The Board has determined that the veteran's cervical spine disability was not incurred in service and may not be presumed to have been incurred in service. The preponderance of evidence does not support a finding that the current condition is related to any incident during active duty.

The veteran's claims for service connection for urinary tract infections and cervical dysplasia were denied. The veteran was granted service connection for left knee patellofemoral syndrome, status post rotator cuff tear of the left shoulder, and migraine headaches with current diagnoses and assigned initial evaluations.

The Board has remanded the case due to inadequate medical examination and opinion, requiring a new VA medical examination and opinion regarding whether the veteran's current cervical spine disability was incurred in his military service.

The Board found that the appellant did not develop any additional disability of his left wrist, neck or back as a result of VA surgical treatment. The surgeries were deemed to be appropriate and there was no evidence of negligence on the part of VA.

The Board denied the veteran's claims for service connection for migraine headaches and a back disability, finding no evidence of current disabilities or a nexus to service.

The Board has reopened the veteran's claim for service connection for asthma. However, it was determined that asthma did not exist prior to service and was not aggravated by active service. The other claims were also denied as there is no evidence of arthritis, hernia repair, cervical spine disorder, or low back disorder during service. The parakeratotic squamous mucosa with focal acute inflammation of the soft palate claim was also denied.

The VA examination in January 2000 did not result in the veteran's herniated cervical disc, and the Board finds that it was at least as likely as not not due to the examination. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board finds that there is no competent medical evidence linking the veteran's current cervical spine disorder to service or a service-connected disability. The November 2003 VA examiner opined that the veteran's current cervical spine disorder was not as likely as not secondary to her service-connected right leg condition.

The veteran's service-connected migraine headaches are not shown to be productive of very frequent and completely prostrating attacks that cause severe economic inadaptability. The service-connected lumbar strain and myositis are shown to be productive of a disability picture that more closely approximates functional loss due to pain and muscle spasms.

The Board denied the veteran's claims for earlier effective dates in several areas, including non-service-connected pension, service connection for a cervical spine disability, and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for hepatitis C and a cervical spine disorder. The case is now remanded for further evidentiary development.

The Board has determined that the veteran's non-service connected disabilities necessitate the need for regular aid and attendance, allowing him to receive special monthly pension benefits.

The Board has determined that new and material evidence was not received to reopen the veteran's claims for service connection for a sleep disorder, headaches, back disability, bilateral hand disability, and neck disability. The claims were denied as there is no medical nexus between these conditions and active service.

The Board has determined that there is no competent medical evidence indicating a current disability related to cervical dysplasia treated by LEEP in service, and thus the claim for service connection for residuals of loop electrosurgical procedure (LEEP) for cervical dysplasia is denied.

The veteran's appeal is being remanded for further development and consideration of his claims, including obtaining additional medical records and providing the veteran with a notification letter as required by Vazquez-Flores v. Peake.

The Board has determined that the veteran's degenerative disc disease of the cervical spine was not incurred in or aggravated by active service and may not be presumed to have been incurred therein.

The veteran's appeal is being remanded for further development and consideration of his claims for increased ratings for service-connected cervical spine degenerative disc disease and mechanical low back pain.

The Board denied the veteran's claims for service connection for TMJ syndrome, cervical spine disorder, and bilateral shoulder disorder. The evidence did not establish continuity of symptomatology or a link between these conditions and service.

The Board has remanded the case for further development due to issues related to service connection.

The Board found that the veteran's current cervical spine disability is not related to his military service and denied his claim for service connection.