Neck / cervical spine decisions — 2009

The Board has determined that the Veteran's service-connected degenerative disc disease of the lumbar spine and residuals from cervical spine fusion surgery do not warrant an evaluation in excess of the current 20 percent ratings.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions and providing Vazquez-Flores compliant notice.

The Veteran's appeal is being remanded due to the need for a VA examination and consideration of his testimony regarding the impact of his cervical spine disability on his sleep, employment, and driving ability.

The Board has reopened the Veteran's claim for service connection for a cervical spine disorder due to new and material evidence. However, additional development is needed before deciding on the merits of this claim as well as her claims for an increased rating for low back strain and TDIU.

The Veteran's claim for loss of use of bilateral lower extremities and cervical spine disorder was denied as there is no evidence showing current disability or a link to service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran's tongue cancer with cervical node metastasis is causally related to his exposure to herbicides in Vietnam, and service connection for this condition is granted.

The Board denied the veteran's claim of service connection for a back disorder, finding that her failure to report for a VA examination without good cause resulted in denial of her claim.

The Veteran's cervical spine disability, with radiculopathy in both shoulders, is currently rated at 40 percent. A separate rating of 20 percent for radiculopathy is granted.

The Board determined that the Veteran's cervical spine and low back disabilities were incurred during service, with a presumption of service connection due to congenital lumbar spine with mild pain by history.

The Board denied service connection for degenerative disc disease of the cervical spine, lesions and skin rash, and chronic fatigue syndrome as these conditions were not shown to be related to military service or herbicide exposure.

The Board has remanded the case for additional development, including obtaining SSA records and private medical records.

The Veteran's claims for increased ratings and service connection were denied. The cervical spine disability was rated as 10 percent, the right ankle disability was rated as 20 percent effective May 23, 2008, and the flat feet claim was not reopened.

The Veteran's hepatitis C and cervical spine strain claims are being remanded for additional development, including VA examinations to assess the current state of his conditions and their relationship to service.

The Board has remanded the case for compliance with previous instructions and to ensure that all notification and development action required by law are fully complied with.

The Veteran's increased rating claims for cervical spine, thoracolumbar spine, right knee, and left knee disabilities were denied. The claims of service connection for a right foot disability and a left foot disability are reopened.

The Board has reopened the Veteran's claim of service connection for neck disability and determined that new and material evidence had been submitted. The Board also found that the Veteran's current neck disability is related to a neck injury sustained in service.

The Board denied service connection for a neck disability, low back disability, and hypertension. The Veteran's claims were not supported by the evidence of record.

The Board denied the Veteran's claims for increased ratings for his cervical spine and lumbar spine disabilities, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Veteran's cervical spine disability is manifested by pain with muscle spasms and limitation of motion, warranting a 40 percent rating under the revised criteria. The claim for an increased rating for the cervical spine disability has been denied.