Neck / cervical spine decisions — 2009

The Board denied the Veteran's claims of service connection for various conditions, including Entamoeba coli infection and stomach pain and nausea, eczema (claimed as a skin rash), osteoarthritis and/or fibrositis and radiculopathy of the cervical and lumbar spine, and fatigue. The appeals were based on an undiagnosed illness related to service in the Persian Gulf War.

The Board has determined that the Veteran's herniated cervical disc C5-6 status post discectomy and fusion, previously claimed as mild cervical radiculopathy C6 distribution, and gastroesophageal reflux disease (GERD) are related to his active military service. The case is granted.

The Board finds that the Veteran does not currently have a chronic gynecological disability, and thus service connection for her claimed conditions is denied.

The Veteran has withdrawn his appeals for the issues of entitlement to a higher rating for bilateral hearing loss and service connection for disability of the cervical spine and hypertension.

The Veteran's claims for service connection for an umbilical scar and cervical dysplasia were denied. The claim for increased rating for migraine headaches was granted with a 10% initial rating effective August 19, 2004.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the nature and etiology of any current back disability and left shoulder disability.

The Board has determined that the Veteran's cervical spine disorder is related to his active military service, granting service connection for this condition.

The Veteran's cervical spine disability, characterized as post-operative residuals of a cervical discectomy and fusion, to include a scar, cervical degenerative disc disease, and intervertebral disc syndrome, is currently evaluated at 10 percent. The evidence does not support an increase in the rating.

The January 6, 1977 rating decision increasing the Veteran's disability rating from 30% to 50% for his service-connected cervical spine disability was not found to be clearly and unmistakably erroneous.

The Board has denied all service connection claims for various musculoskeletal and eye conditions, finding that the evidence does not support a nexus to service.

The Board has determined that the Veteran's claimed psychiatric disorders, left ankle and knee disorders, and residuals of a concussion, cervical spine injury, and back injury are not related to her military service.

The Board denied the Veteran's claims for increased ratings for hiatal hernia, postoperative residuals of cervical fusion, degenerative arthritis of the lumbar spine, and hemorrhoids. The evidence did not support a higher rating under any applicable diagnostic codes.

The Board denied the Veteran's claims of entitlement to service connection for a chronic low back disorder and cervical spine disorder, finding that new and material evidence was not provided to reopen his previously denied claim. The Board also determined that there was no evidence linking the current disorders to service or any service-connected conditions.

The Board has determined that a VA examination is needed to determine if the Veteran's current back and neck disabilities are related to his service, specifically the in-service injuries.

The Veteran's claim for an earlier effective date for service connection of a cervical spine disability was denied as there is no evidence of an unadjudicated formal or informal claim prior to December 19, 2003.

The Board has determined that there is no competent medical evidence showing the Veteran has a cervical spine disorder, left knee disorder, residuals of head trauma, or post-traumatic headaches related to service. Therefore, these claims are denied.

The Veteran's thoracic spine disability is not service-connected, and her cervical spine disability has been granted with a noncompensable rating initially but later increased to 10 percent.

The Board has determined that the Veteran's degenerative joint and/or disc disease of the cervical spine, as well as his growth on the back (upper back), were not incurred in or aggravated by active military service. The Board also found no evidence to support a secondary service connection claim based on medication for service-connected conditions or exposure to chemicals during service.

The Board has remanded the case due to inadequate evidence and procedural issues, including a need for new VCAA notice and additional development of inpatient records from Germany and Fort Riley.

The Board has granted service connection for lumbar spine disability and cervical spine disability, finding that the appellant developed these conditions during his active duty special work (ADSW) assignment. Service connection for respiratory disability is also granted as it falls under the presumptive provisions due to participation in Operation New York City following the September 11th attacks.