Neck / cervical spine decisions — 2009

The Veteran's claims for increased ratings for his service-connected lumbar strain and cervical spine fracture with chronic cervical strain were denied. The RO assigned initial disability ratings of 20 percent for each condition, effective April 2, 1998.

The Veteran's appeal has been withdrawn and is therefore dismissed.

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board has remanded the case due to incomplete records and needs further examination for service connection of left ankle, knee, back, and cervical spine disorders.

The Veteran's overpayment of VA compensation benefits was waived due to the lack of willful intent on his part and because recovery would be against equity and good conscience.

The Veteran's claims for increased ratings were denied. The cervical spine disability is currently rated at 20 percent, and the lumbar spine disability is also rated at 20 percent.

The Veteran's claim for an evaluation in excess of 10 percent for degenerative disc disease of the cervical spine was denied. The disability is currently rated at 10 percent.

The Board has determined that a VA examination is necessary to determine if the Veteran's current cervical and lumbar spine arthritis is related to his in-service complaints of back and neck pain. The case will be remanded for this purpose.

The VA Board of Veterans' Appeals has determined that the Veteran's cervical spine disorder is not service-connected, as there is no medical evidence showing a connection between her current condition and her active military service.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, right wrist disability, and neck disability were all denied as there is no competent medical evidence of current disabilities or a link to active service.

The Board denied the Veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board has granted service connection for cervical facet syndrome and cervical degenerative joint disease with strain (right neck radicular pain) as they are related to the Veteran's military service. Service connection was denied for hearing loss due to lack of evidence showing a current disability.

The Board denied increased ratings for left shoulder and cervical spine disabilities, as well as entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 14, 2004.

The Board denied service connection for hearing loss as there was no showing of current disability resulting from in-service injury or disease.,The Board granted the reopening of the Veteran's claim of service connection for a neck disability due to an in-service motor vehicle accident, but did not reach the merits of the claim.

The Board has remanded the case for additional development, including obtaining service medical records and personnel records. The appellant's claims for service connection are pending.

The Board has determined that the Veteran does not have a right eye disorder, severe chronic back pain, severe chronic neck pain, or right knee disorder attributable to his military service. High cholesterol and hypertension were also found not to be related to service.

The Board has remanded the case due to incomplete records and need for further examination. Service connection will be reconsidered based on new evidence.

The Board has granted service connection for the Veteran's bilateral knee disability, fibromyalgia, cervical spine disability, lumbar spine disability, left carpal tunnel syndrome, and thoracic outlet syndrome.

The Veteran's appeal is being remanded for further development, including providing notice on how to substantiate claims for secondary service connection and an increased rating for GERD.

The Veteran's fibromyalgia, osteoarthritis of the cervical and lumbar spine, and degenerative disc disease of the lumbar spine are not service-connected as they were not present during his period of active duty for training (ACDUTRA).