Neck / cervical spine decisions — 2010

The Board has remanded the case due to the need for additional development, including obtaining prison medical records and updating VA treatment records.

The Veteran's migraine headaches have been rated as 10 percent disabling since April 29, 2010.,Prior to April 29, 2010, the Veteran's right shoulder disorder status post Bankhart procedure was rated as 20 percent disabling.

The Veteran's service-connected cervical spine, low back, and left knee disabilities were evaluated. The claims for increased ratings were denied as the evidence did not meet the criteria for higher evaluations under the applicable rating schedule.

The Board has remanded the case for further development, including obtaining Social Security Administration records and scheduling a VA examination to address the etiology of any disease or injury of the Veteran's cervical spine.

The Veteran's cervical spine disability is not shown to warrant a higher initial evaluation.

The Veteran's left knee disability is rated at 10 percent, and his low back and neck disabilities are service-connected. The Board found the appropriate ratings for these conditions.

The Veteran claims service connection for arthritis of multiple joints, including the lumbar and cervical spines, left and right shoulders, hands, and feet. He also seeks service connection for sleep apnea secondary to a deviated nasal septum. The Board finds that new evidence supports reopening of his claim for arthritis but denies the claim for sleep apnea as there is no clear link between the current condition and service.

The Veteran's cervical spine disability was not incurred or aggravated by his service, or a service-connected disability.

The Board has remanded the case due to incomplete development of records and issues related to service connection for various conditions.

The Veteran's claims for service connection for bilateral ankle condition and cervical spine condition were not reopened. His claim for increased rating of depression was denied, as well as his claims for increased ratings for lumbar strain and hallux valgus. The Veteran was granted TDIU prior to February 23, 2008.

The Board finds that the Veteran's headaches, cervical spine disability involving a herniated disc at C-6, and right shoulder disorder were incurred in service. Service connection is granted for these conditions.

The Veteran's claims for increased ratings of his spine disabilities and mood disorder were denied. The VA determined that the current disability ratings adequately reflected the severity of the conditions.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of these claims as he is no longer alive.

The Veteran's May 2008 VA Form 9 was untimely, and the appeal is denied.

The Board has determined that the Veteran's current cervical spine disorder, including degenerative joint disease and chronic cervical strain, is related to his military service.

The Veteran's claim for special monthly compensation (SMC) based on the loss of use of a creative organ is denied as she does not have such loss due to service-connected disability.

The Board has remanded the Veteran's claim due to insufficient evidence regarding his cervical spine disability, including a lack of contemporaneous medical records and an incomplete VA examination.

The Board has remanded the Veteran's appeal for additional development, including obtaining medical records and conducting a VA examination. The issues include reopening his previously denied claim for service connection for PTSD and determining whether he is entitled to service connection for lumbar spine and cervical spine disorders.

The Board has denied the Veteran's claims of service connection for right hip and cervical spine disabilities, finding that there is no evidence to support these claims on a direct or secondary basis.

The Board denied the Veteran's claims for service connection for non-Hodgkin's lymphoma and degenerative disc disease of the cervical spine, finding no evidence to support these claims based on the lack of in-service diagnosis or a link between current conditions and active duty.