Neck / cervical spine decisions — 2010

The Board denied the Veteran's claims for service connection for cervical spine disorder, left shoulder disorder, and cardiac disorder. The claim of entitlement to a higher initial rating for degenerative disc disease of the lumbar spine at L4-5 and L5-S1 was also denied.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including an examination and medical opinion regarding his employability.

The Board denied reopening of the claim for PTSD due to lack of new and material evidence. Service connection was not granted for left knee meniscal tear and chondromalacia or cervical spine degenerative disc disease.

The Board found that the Veteran does not have a current diagnosis of any claimed conditions and there is no credible evidence linking these conditions to her military service. As such, she was denied service connection for all issues.

The Board found no evidence of a current cervical spine disability and concluded that the Veteran's cervical spine pain was not incurred in or aggravated by active service.

The Veteran's additional disabilities of the extremities and cervical/lumbar spine were not proximately caused by VA's lack of skill, negligence, or unforeseeable event during his February 2004 surgeries. The claims for compensation under 38 U.S.C.A. � 1151 are denied.

The Board has remanded the case for additional development, including obtaining Social Security records and a VA examination to determine the nature, extent, and etiology of any current cervical spine and low back disability. The psychiatric disability issue will be developed on a secondary basis if service connection is established for the other disabilities.

The Veteran's cervical spine disability is being remanded for further development and adjudication, including obtaining medical records and a VA examination to determine if the condition was aggravated by service.

The Board has determined that the Veteran's neck disability did not originate in service or until years later, and is not otherwise related to service. As a result, the claim for service connection for neck disability is denied.

The Board has determined that additional development is necessary to fully and fairly consider the Veteran's claims, including obtaining medical records and scheduling examinations.

The Veteran's claims for increased ratings and earlier effective dates were granted. He was assigned a 50 percent rating for PTSD, effective June 13, 2007.

The Veteran's cervical spine disorder, including degenerative disc disease, is being remanded for further development and an opinion on its etiology.

The Veteran's claim for an earlier effective date for a combined schedular 100 percent evaluation was denied as there has been no adjustment of any evaluation assigned for service connected disabilities prior to October 30, 2006.

The Veteran's claim for a higher evaluation of his cervical spine disorder was granted, with an effective date from September 30, 2009. Service connection for the low back disorder and unspecified joint degenerative disease were also granted.

The Veteran's claim for a temporary total rating under 38 C.F.R. § 4.30, based on the need for convalescence following cervical spine surgery in April 2005, is denied as his service-connected disability was not established at the time of the surgery.

The Board has determined that the Veteran's lumbar spine disorder is presumed to have been incurred in service. The cervical spine disorder claim requires additional development as it involves ADT and a prior injury.

The Veteran's claims for service connection for left shoulder, left ankle, and cervical spine disorders are being remanded due to the need for additional examination and development of her medical records.

The Veteran's appeal is remanded for further development, including obtaining VA examinations to assess the severity of his service-connected lumbar and cervical spine disorders, right ankle injury, and left heel spur.

The Board has determined that the Veteran's cervical spine disorder and radiculopathy of the upper extremities are not service-connected, as there is no evidence to support a connection between these conditions and his military service.

The Board denied service connection for a cervical spine disability and denied an increased rating for thoracolumbar spine disability. The Veteran's cervical spine disability is not related to his service-connected thoracolumbar spine disability, but rather due to post-service injuries. The initial 20% evaluation for the thoracolumbar spine disability remains unchanged.