Neck / cervical spine decisions — 2010

The Board denied service connection for a neck disorder, nerve damage of the right arm, bilateral hearing loss, and bilateral tinnitus as there is no competent medical evidence showing these conditions are related to service.

The Board denied the Veteran's claims for service connection for PTSD, lumbar intervertebral disc syndrome with sciatic neuropathy, and cervical joint and disc disease. The evidence did not establish a link between any of these conditions and his military service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's service connection claim for residuals of a cervical spine injury. The neurological disability of the left hand is denied as secondary to Agent Orange exposure.

The Veteran's service-connected cervical spine disability was rated at 60 percent, and the Board found that a higher rating is not warranted. The appellant also had other service-connected disabilities which rendered her husband unable to engage in substantially gainful employment, leading to a finding of entitlement to TDIU.

The Veteran's claims for higher ratings for her cervical and lumbar spine disabilities have been denied as the evidence does not meet the criteria for a disability rating in excess of 10 percent.

The Board denied the Veteran's claims for higher evaluations for cervical and lumbar spine arthritis, finding that his disability did not meet the criteria for a rating in excess of 10 percent.

The Veteran's claim for a compensable rating for cervical cancer residuals was denied. Her claim for a higher rating for mitral valve prolapse and bradycardia, residuals of endocarditis is addressed in the REMAND portion.

The Board has remanded the Veteran's claims for further development due to issues regarding service connection for various spinal and neurological conditions, as well as sleep apnea. The case will be returned to the RO via the AMC for this purpose.

The Board has remanded the case due to the need for additional development, including obtaining new and material evidence for the keloid scarring claim, providing VCAA notice regarding reopening of claims, scheduling VA examinations for cervical spine and bilateral shoulder disabilities, and a mental health examination for psychiatric disability.

The Veteran's claims for increased evaluations for his spine and hand conditions were denied. The Veteran's thoracolumbar spine condition was found to have flexion greater than 60 degrees but not exceeding 85 degrees, without any incapacitating episodes of IVDS. His cervical spine condition had flexion greater than 30 degrees but with mild reversal of the lordosis in the upper cervical spine due to paraspinal muscle spasm. The bilateral pes planus and left wrist neuropathy conditions were found to be noncompensable. The right epididymitis/variocele condition was also found to be noncompensable.

The Veteran's cervical spine and lumbar spine conditions are not service connected as they were not shown during active duty or within one year of discharge. The upper respiratory infection claim is denied due to lack of evidence showing a current disability.

The Veteran is seeking a TDIU based on his service-connected disabilities, but the RO needs to obtain additional evidence and conduct further development including VA examinations.

The Veteran's major depressive disorder, transverse myelitis, cervical spine arthritis, right optic nerve lesion, superficial arteriovenous aneurysms of the abdominal skin, sore throat, and headaches were not found to be related to service. The Veteran's shortness of breath was attributed to his anxiety and lack of conditioning.,The Veteran's claims for major depressive disorder, transverse myelitis, cervical spine arthritis, right optic nerve lesion, superficial arteriovenous aneurysms of the abdominal skin, sore throat, and headaches were all denied. The claim for shortness of breath was granted.

The Veteran's current cervical spine, lumbar spine, bilateral knee, and bilateral hip disabilities are not related to his service. The Board finds that the evidence does not support a finding of service connection for these conditions.

The Veteran withdrew her appeal of the claims for service connection for thoracolumbar spine, right hip and right knee disabilities and a bilateral eye disorder prior to the Board's decision.

The Board denied entitlement to an effective date earlier than March 7, 2005 for PTSD and denied reopening of claims for left leg, hip, and neck disabilities. The Veteran's low back disability was found to be service connected as secondary to his service-connected residuals of a gunshot wound to the left foot.

The Veteran's cervical spine disability, including a syrinx at C7-T1 and disc herniation at C6-7, is found to be related to his active service. His right shoulder disability remains rated at 20%.

The Veteran's claims for increased ratings were denied as his service-connected disabilities did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's service-connected gunshot wound disabilities did not cause or contribute to his death due to a stroke, which was the primary cause of death. The Board finds that these conditions were not related to his active service.

The Veteran's claims for service connection and increased ratings were denied due to his failure to cooperate by not reporting for scheduled VA examinations.