Neck / cervical spine decisions — 2010

The Veteran's degenerative joint disease of the cervical spine was not incurred in service and is not related to service, or any incident therein.

The Veteran's service-connected cervical spine disability is currently evaluated at 20 percent, and the Board has determined that a higher rating is not warranted.

The Veteran withdrew his appeal for all issues on April 27, 2010.

The Veteran's service-connected disabilities alone did not preclude him from securing or following substantially gainful employment prior to July 12, 2007.

The Board found that the preponderance of evidence does not support service connection for a cervical disorder, and denied all issues related to lumbar degenerative disc disease.

The Veteran's service-connected cervical sprain with osteoarthritis and residuals from a fracture of the right distal radius have rendered him unable to secure or follow a substantially gainful occupation, warranting TDIU.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining records from SSA and scheduling VA examinations.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder, headaches, Achilles tendonitis of the right ankle, and Achilles tendonitis of the left ankle as there is no competent evidence linking these conditions to his military service.

The Board has remanded the case for further development and proceedings consistent with its decision, including providing appropriate notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b), obtaining a VA medical examination for the purpose of identifying the nature and etiology of any current cervical spine disability, and considering the reopened claims of service connection for bilateral carpal tunnel syndrome and psychogenic impotence.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the relationship between her current disabilities and military service.

The Board has remanded the case for additional development, including obtaining VA medical records and arranging for examinations to determine the nature and etiology of any current back or neck disability, hearing loss, and tinnitus. The effective date issue is also being addressed.

The Board has determined that the Veteran's cervical disc disease and low back disorder are not related to his military service, and thus denied both claims.

The Board has determined that the Veteran's cervical and low back disabilities are not related to service, as there is no evidence of a nexus between his current conditions and any in-service injury or disease. The Veteran's disabilities have been attributed to post-service work-related injuries.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a compensable evaluation for his bilateral hearing loss or residuals of a right hand injury, to include arthritis of the right thumb and fingers. Service connection was also denied for cervical arthralgia and a back disorder.

The Board has determined that the Veteran's claim for service connection for a back disability cannot be reopened because no new and material evidence was submitted, resulting in a denial of the reopening request.

The Board finds that the Veteran's death was not caused by a service-connected disability, and therefore, denies the claim for service connection for the cause of the Veteran's death.

The Veteran's cervical spine disability, including DDD, bulging discs, and herniated discs, is being remanded for additional development to determine if it was aggravated by service.

The Veteran's unauthorized private medical expenses incurred on July 1, 2007 were not related to a service-connected disability and did not constitute an emergency requiring immediate treatment.

The Board denied the Veteran's claims for service connection for a cervical spine disorder and a left ankle disorder, finding that there was no evidence of chronic disability related to service or any link between current symptoms and service. The March 2009 VA examination report concluded that the currently manifested neck condition is less than 50% likely caused by or the result of military parachute jumps during service.

The Veteran's service-connected degenerative disc disease of the cervical spine was initially granted with a 10 percent rating from December 2, 2002 to March 26, 2006. On and after March 27, 2006, he received an increased rating to 20 percent.