Neck / cervical spine decisions — 2010

The Board has granted service connection for a right shoulder disability incurred in active military service and awarded an increased rating for degenerative disc disease of the cervical spine. The issue of entitlement to TDIU is dismissed as the Veteran withdrew his appeal.

The Board has decided to remand the case for further development, including obtaining medical records from Womack Army Hospital and other providers.

The Veteran's left knee degenerative changes are found to be due to disease or injury incurred in service. The cervical spine disorder, bilateral elbow disorder, and headache disorder are not found to be related to service.

The Veteran's appeal is being remanded for additional development, including VA examinations and medical records review.

The Veteran's claim for TDIU is being remanded due to the need for clarification on whether he is unable to secure or follow substantially gainful employment solely as a result of his service-connected conditions.

The Veteran's claim for an initial rating in excess of 30 percent for DJD of the cervical spine was denied. The disability manifested by limited motion and radicular complaints, but no ankylosis or more than moderate intervertebral disc syndrome (IVDS) with recurring attacks.

The Board has remanded the case due to the need for additional VA and non-VA treatment records related to the Veteran's cervical and lumbar spine disorders.

The Veteran's service-connected disabilities, including depression and Xanax abuse (70%), gastroesophageal reflux (GERD) (30%), degenerative arthritis of the cervical spine (10%), and status post laparoscopy including scars (10%), render her unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection and increased rating are being remanded to the RO for further development.

The Veteran's service-connected degenerative disc disease of the cervical spine is currently rated at 10 percent, and the evidence does not support a higher rating.

The Veteran's appeal is being remanded to obtain clarification of her periods of active duty, inactive duty for training (INACDUTRA), and active duty. She seeks service connection for bilateral carpal tunnel syndrome, cervical spine disorder, intervertebral disc degeneration of the lumbar spine, bilateral plantar fasciitis, and hysterectomy.

The Veteran's initial claim for service connection for a cervical spine disability was received on August 13, 2007, more than one year following his discharge from service. The Board found that the Veteran did not file a claim for this condition prior to August 13, 2007.

The Veteran's claimed conditions, including bilateral hearing loss and tinnitus, were not incurred in or aggravated by active service. Service connection is denied.

The Board has determined that the Veteran does not have a cervical spine disability attributable to her active military service and finds that the criteria for a 20 percent rating for left parascapular pain are met.

The Board found that the Veteran's current cervical spine disability is not related to service, and thus denied his claims for service connection.

The Board has remanded the case for additional development, including a spine examination by an orthopedist to determine if the Veteran's cervical spine disorder is related to service or secondary to his service-connected sacroiliac injury.

The Veteran's claims for service connection have been denied. The Board found that new and material evidence was not submitted to reopen the claims of psychiatric disability, excision of cysts, bilateral hearing loss, cirrhosis of the liver, cold injury residuals of the hands, and neck disability.

The Board has determined that the Veteran's claimed disabilities were not incurred or aggravated during active service and are not shown to have developed as a result of an established event, injury, or disease during active service. The claims for service connection are therefore denied.

The Board has found that the Veteran's thoracolumbar and cervical spine disabilities are related to service, granting service connection for both conditions.

The Board has determined that the Veteran's claims for service connection for right shoulder and cervical spine disabilities require additional development, including VA examinations to assess the nature and etiology of these conditions.