Neck / cervical spine decisions — 2010

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, a cervical spine disorder, and a left shoulder disorder. The evidence did not support a finding that these conditions were related to his military service.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by service.

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination and consideration of his TDIU claim.

The Board has determined that the Veteran's service-connected lumbar and cervical spine disabilities do not warrant an increased evaluation, as they do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claims for increased ratings for cervical and thoracolumbar strain were granted, with a rating of 30 percent for cervical strain effective from February 21, 2008. The previous noncompensable ratings have been found to be incorrect.

The Board denied service connection for hearing loss, prostate condition (chronic urethritis and residuals of urinary tract infection), neck disability, and chronic skin disability (tinea cruris of the groin and lichens simplex chronicus of the lower abdomen). The Veteran's claims were based on direct evidence rather than a presumption or secondary relationship.

The Board has determined that the Veteran's right knee, back, neck, left lower extremity sciatica, and acquired psychiatric disorders are not related to his period of service or any aspect thereof, including a service-connected disability. As such, these claims for service connection have been denied.

The Veteran's claims for increased evaluations for cervical diskectomy and fusion with stenosis, currently rated at 30 percent disabling, and residuals of sensory neuropathy of the left lower extremity, currently rated at 20 percent disabling, were denied. The current ratings are considered appropriate based on the clinical findings.

The Board is remanding the case to obtain SSA records and provide proper VCAA notice for the Veteran's claim to reopen service connection for cervical spondylosis.

The Board found that the Veteran's degenerative disc disease of the cervical and lumbar spine, osteoarthritis of multiple joints, and acid reflux disease were not incurred in or aggravated by service. The disorders are presumed to be related to his military service due to exposure to herbicide agents like Agent Orange.

The Veteran's claim for an increased rating for PTSD with depression was granted, effective February 12, 2001. The effective date of service connection for lower urinary tract symptoms (LUTS) with increased urinary frequency was also established as March 15, 2000.

The Veteran's appeal is denied as the June 4, 1985 rating decision did not contain CUE in assigning an initial noncompensable disability rating for residuals of a left tibial fracture with osteoarthritic changes and chronic chondromalacia of the knee. The denial was based on the evidence showing no functional limitations.

The Veteran's service-connected degenerative disc disease of the cervical spine and thoracic spine have not met or more nearly approximated the criteria for a schedular evaluation in excess of 10 percent under the applicable diagnostic codes. Therefore, an increased initial rating is not warranted.

The Board has determined that the Veteran's cervical spine and right shoulder disorders are related to his military service, leading to a grant of service connection for these conditions.

The Veteran's appeal is remanded to determine the extent of his cervical spine disability and whether he experiences incapacitating episodes as defined by VA regulations.

The Veteran's service connection claims for various conditions, including hearing loss, headaches, cervical and lumbar spine disabilities, hemorrhoids, digestive disorders, a tumor, facial nerve condition, erectile dysfunction, prostate disability, glaucoma, and skin conditions are all granted. The basis of the presumption is exposure to herbicides during active military service.

The Board has granted service connection for the Veteran's back disability, including his cervical and thoracolumbar spine issues. The decision finds that it is at least as likely as not that these conditions are related to events during service.

The Veteran's service-connected cervical spine condition is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded the claims due to incomplete information and need for further development, including obtaining VA treatment records and scheduling a VA examination.

The Board has remanded the Veteran's claim for service connection for a cervical spine disorder, as secondary to his service-connected gunshot wound to the left flank. The case is now being reviewed with additional evidence and an examination report addendum.