Neck / cervical spine decisions — 2010

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations. The claims for increased ratings for cervical and lumbar spine degenerative joint disease will be reconsidered.

The Veteran's claims for increased disability ratings for his cervical spine, lumbar spine, depressive disorder and panic disorder, and cervical radiculopathy of the upper extremities are being remanded due to the need for additional development.

The Veteran is seeking service connection for a left shoulder condition and residuals of a cervical spine fracture. The Board has remanded the case due to the need for further medical examination and opinion.

The Board found that the appellant did not have a qualifying period of service and therefore is not considered a veteran for purposes of these claims. The Board also determined that there was no evidence linking any claimed conditions to active duty or ACDUTRA.

The Board has granted service connection for a cervical spine disorder and a left knee disorder.,An initial evaluation in excess of 10 percent for residuals of a left hand injury with numbness in the fourth and fifth fingers remains on appeal.

The Board denied service connection for cervical and thoracic spine injuries with degenerative disc disease, finding that the appellant's current conditions were not incurred or aggravated by his military service.

The Veteran's initial evaluation for cervical strain with arthritic change and fusion at the C5-6 was granted, but he is now seeking an increased evaluation. The VA determined that a higher evaluation is not warranted based on his current range of motion.

The Veteran's appeal is being remanded for further examination and development of his claims.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine, lumbar spine, and right knee have been reopened. However, new evidence does not establish a direct relationship between these conditions and his military service.,The Veteran's left knee condition is not shown to be related to his active duty service.

The Veteran's appeal is being remanded to schedule a videoconference hearing at the RO before a Veterans Law Judge.

The Board denied the Veteran's claims for service connection for scoliosis, cervical dorsolumbar paravertebral myositis (claimed as a back condition), and anxiety disorder, not otherwise specified. The decision found clear and unmistakable evidence that the Veteran's pre-existing scoliosis existed prior to her period of active duty service and was not aggravated by an injury sustained during INACDUTRA.

The Board finds that the Veteran's current back disability is partly due to injuries incurred in service, and resolves all reasonable doubt in his favor.

The Veteran experiences degenerative disc disease in the cervical spine, with radiculopathy into the left upper extremity. The only medical opinion with a rationale supports the conclusion that these disorders occurred, at least in part, due to surgical treatment of a service-connected low back disability.

The Board found that the Veteran's current cervical spine disorder is not causally related to his service and denied his claim for service connection.

The Board is remanding the case for further development, including obtaining the Veteran's current address and determining his preference regarding representation and hearing options.

The Veteran's degenerative disc disease and/or degenerative joint disease of the lumbar spine and cervical spine were not incurred in or aggravated by service, did not manifest within one year after discharge, and are not secondary to his service-connected disabilities.

The Veteran's cervical spine degenerative disc disease was not productive of forward flexion of the cervical spine 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months on or after January 22, 2010. As such, his claim for higher evaluations was denied.

The Board has granted an effective date of April 18, 2007 for the award of a total rating based on individual unemployability (TDIU). The Veteran's claim was filed on this date.

The Veteran's appeal has been withdrawn, and the case is dismissed.