Neck / cervical spine decisions — 2010

The Veteran's claims for increased ratings and service connection were denied. The Board found that her cervical spine disorder did not meet the criteria for a higher rating, and her right breast scar did not warrant a compensable rating.

The Board granted service connection for PTSD and assigned a 30 percent disability rating, effective September 28, 2007. The Veteran's bilateral hearing loss is rated as noncompensable.

The Board has granted service connection for cervical, thoracic, and lumbar spine disabilities, finding that these conditions are related to the appellant's active service.

The Veteran requires regular assistance with certain activities of daily living, including bathing, dressing, eating, food preparation, transportation, and handling of his financial affairs due to service-connected cervical stenosis, right arm and left hand radiculopathy associated with cervical stenosis, and right leg radiculopathy associated with cervical stenosis. The Board has determined that the Veteran is in need of regular aid and attendance.

The Board found that the Veteran's currently diagnosed cervical spine disability is not related to his active service or a service-connected disability.

The Board found that the Veteran's right ankle degenerative joint disease and degenerative disc disease of the lumbar spine are due to injuries sustained during his period of active service. The cervical spine disorder is not shown to be related to service or a service-connected disability.

The Board has remanded this case for further development, including an addendum opinion from the examiner who conducted the October 2010 VA examination.

The Veteran seeks service connection for a cervical spine tumor, including as due to herbicide or claimed ionizing radiation exposure. The case is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development.

The Board has ordered a remand to determine the etiology of the Veteran's cervical spine disability, which may be related to his service-connected right shoulder disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his bilateral hearing loss and cervical spine disability.

The Veteran's claims for residuals of bilateral plantar warts, folliculitis, and seborrhoeic dermatitis were denied. The claim for sinusitis with frontal headaches was granted. Claims for cervical spine disorder, bilateral hearing loss, and otitis media are pending.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his cervical spine and right wrist disabilities, as well as to differentiate any symptoms related to the fractures from those related to a nonservice-connected condition.

The Board has remanded the case for additional development due to the need for VA examinations and further review of the Veteran's claims.

The Veteran's cervical spine disability has been manifested by forward flexion of 45 degrees and combined range of motion of at least 280 degrees; however, the examiner noted that there was no additional loss of motion due to pain. The Veteran also experiences flare-ups about three times per week, lasting about 8 hours each time, which are relieved by rest, stretching, and Motrin. As a result, the criteria for a rating in excess of 10 percent for cervical spine disability are not met.

The Board has decided on some issues related to service connection and reopened/remanded other claims, but the motion for revision or reversal of the decision based on CUE is dismissed due to prior Court decisions affirming earlier Board decisions.

The Board found no evidence of a cervical spine disability in service and denied the Veteran's claim for service connection.

The Board found that the Veteran's claims for service connection for thoracolumbar and cervical spine disorders were not timely appealed, and thus denied them. The claim was reopened due to new evidence received within a year of the April 2006 rating decision.

The Board has determined that the Veteran's current cervical spine disability is related to his in-service head injury, and service connection for degenerative joint disease of the cervical spine is granted.

The Board has granted service connection for the Veteran's degenerative disc disease of the cervical spine.