Neck / cervical spine decisions — 2009

The Veteran's appeal is being remanded for consideration of additional evidence submitted after the July 2008 Supplemental Statement of the Case.

The Board denied the Veteran's claims for service connection for psychiatric disability, claimed as PTSD and dysthymia/depressive disorder, and for a neck disability and headaches. The claim for increased rating for degenerative disc disease of the thoracic spine was also denied.

The Board has determined that new and material evidence has not been submitted to reopen the previously denied claim for service connection for cervical disc disease, lumbar nerve syndrome/disc disease, and scoliosis. The Veteran's current spine conditions are considered to be related to her pre-existing developmental defect (scoliosis).

The Board finds that the Veteran's tinnitus, lumbar spine disorder, cervical spine disorder, and neurological disorder of the bilateral lower extremities are related to his military service. Service connection is granted for these conditions.

The Board has granted service connection for cervical disc herniation at C3-4 and found it was incurred in active service. The issue of an initial higher rating for lumbar back strain is remanded.

The Board has determined that the VA examinations conducted are inadequate and requires further development of evidence, including obtaining medical records from various sources and conducting new VA examinations.

The Veteran's claims of entitlement to service connection for various knee and spine disorders have been granted. The specific conditions include right knee disorder, bilateral hip disorder, left knee disorder, lumbar spine disorder, and cervical spine disorder.

The Board found no evidence to support the appellant's claim that the Veteran's service in Vietnam caused his death due to alcoholism. The Board concluded that the cause of death was a motor vehicle accident, not related to service.

The Board is remanding the case to the RO/AMC for additional development due to conflicting opinions regarding the etiology of the Veteran's bilateral knee and cervical spine disabilities, which may be related to his inservice motor vehicle accident. The Veteran will need to undergo another VA examination.

The Board found that the Veteran's lumbar and cervical spine degenerative joint disease was not incurred in or aggravated by active service, and may not be presumed to have been incurred therein. As such, the claim for service connection was denied.

The Board has decided that the Veteran's claim of entitlement to service connection for a cervical spine disability should be remanded due to incomplete records and need for additional development, including obtaining VA medical records from 1970 at the Vancouver VA facility and scheduling a VA examination.

The Board has granted service connection for a cervical spine disability and awarded an initial rating of 10 percent. The claim for higher initial rating for the left elbow disability remains denied.

The Veteran's claim for service connection for hearing loss, left knee and ankle disabilities, low back disability, neck disability, right wrist disability, and migraine headaches was denied. The appeal is also denied regarding the TDIU claim.

The Veteran's appeal is being remanded for additional development of his VA healthcare records and to ensure complete information upon which to base a final decision.

The Veteran's claim for an increased evaluation for cervical spine disability was granted, and he is now rated at 30 percent. Service connection for right and left wrist disabilities as secondary to his service-connected cervical spine disability was also granted.

The Veteran's initial claim for a compensable disability rating for degenerative joint disease of the cervical spine was granted, with a current rating of 10 percent.

The Board has determined that a new VA examination is needed to determine the current nature and etiology of the Veteran's cervical spine disability, including whether it was caused or aggravated by his active service.

The Veteran's hypertension is not rated as compensable.,There is no evidence of a current right knee disability.,There is no evidence of a current right shoulder disability.,There is no evidence of a current right lung disability.,There is no evidence of a current cervical spine disability.,There is no evidence of a current thoracic spine disability.,The Veteran's hearing loss does not meet the criteria for service connection.,There is no evidence of residuals of burst left ear drum other than hearing loss.,PTSD was not incurred in or aggravated by service.,Tinnitus was not incurred in or aggravated by service.,A missing partial spinal cord and congenital tethered cord syndrome were not incurred in service.