Neck / cervical spine decisions — 2009

The Board has granted service connection for a lumbar spine disorder, degenerative joint disease of the cervical and thoracic spines, and neuropathy of the right arm, all found to be related to the Veteran's military service.

The Board remanded the matter for further development, as the evidence of record did not support an initial evaluation in excess of 30 percent disabling for the veteran's service-connected cervical stenosis with post-operative disc bulge.

The Veteran's claim for service connection for degenerative disc disease of the thoracic spine was denied.,The Veteran's claim for service connection for a cerebrovascular accident, to include as secondary to service-connected cervical myositis, was also denied.,The Veteran's claim for service connection for right hemiparesis and depressive disorder were not addressed in this decision due to the remand status of these claims.,The Veteran's claim for an evaluation in excess of 20 percent for degenerative disc disease of the lumbar spine was granted, with a rating of 40% effective March 12, 2009.,The Veteran's claim for an evaluation in excess of 30 percent for degenerative disc disease of the cervical spine was denied.,The Veteran's claim for an evaluation in excess of 20 percent for radiculopathy of the right upper extremity was granted, with a rating of 40% effective March 12, 2009.,The Veteran's claim for an evaluation in excess of 20 percent for radiculopathy of the left upper extremity was denied.,The Veteran's claim for a total disability evaluation based upon individual unemployability (TDIU) due to service-connected disabilities was not addressed in this decision.

The Board denied the Veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection.

The Board denied service connection for a cervical spine disability as there was no evidence of an in-service injury, and the Veteran's current condition did not manifest until many years after service.

The Board denied the Veteran's claims for service connection for lumbosacral spine, cervical spine (neck), and left shoulder disabilities as there was no competent medical evidence of current disabilities related to service.

The appeal is remanded to the RO for further development and adjudication.

The appeal is remanded for further development and adjudication of the issues on appeal.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for the loss of teeth and receding gums, as there was no evidence that the loss or worsening of these conditions were due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The appeal is remanded to the RO for additional development, specifically obtaining the Veteran's informed consent forms with respect to his February 2003 surgery.

The appeal is remanded to the RO for further development and readjudication of the Veteran's claims.

The veteran withdrew the appeal before the Board promulgated a decision.

The Board found that the Veteran's cervical cancer was not related to her service, as there was no evidence of dysplasia or cancer until many years after separation and a VA examiner concluded that cervical cancer is not caused by birth control pills taken in service.

The appeal is remanded to the RO for a new VA examination and readjudication of the claim for service connection for a neck disability.

The appeal is remanded to the RO for further development of evidence, including scheduling VA examinations.

The Board denied the Veteran's claims for initial ratings in excess of 20 percent for degenerative disc disease of the lumbosacral spine, in excess of 10 percent for degenerative disc disease of the cervical spine and impingement syndrome of the left shoulder, but granted a 40 percent rating for the same period for the lumbar spine condition.

The Veteran's claims for an initial rating in excess of 10 percent for degenerative disc disease of the cervical spine, and service connection for bilateral hallux valgus, a bilateral shoulder disability, and thoracic spine and lumbar spine disability are being remanded for further development.

The Board denied the Veteran's claims for service connection for a left elbow disability, right shoulder disability, degenerative disc disease of the cervical spine, and bilateral carpal tunnel syndrome as there was no evidence to support that these conditions were incurred in or aggravated by his military service.

The Board denied service connection for chronic cervicalgia, status-post cervical laminectomy for stenosis and a back disability as there is no evidence linking these conditions to the Veteran's period of active duty.

The Board denied service connection for high cholesterol as it is not a disability resulting from an injury or disease incurred in active duty.