Neck / cervical spine decisions — 2010

The Board has determined that the Veteran's bilateral shoulder and cervical spine disabilities were not incurred or aggravated by his active service, nor can they be presumed to have been incurred during such service. The evidence does not establish a link between these conditions and his military service.

The Veteran's left shoulder and cervical spine disabilities are found to be related to his active service, granting the claims for these conditions. The right shoulder disability claim is pending as it relates to a secondary basis.

The Veteran's claims for service connection for cervical and lumbar spine disabilities are being remanded due to the need for additional development, including obtaining updated VA treatment records and private medical records from identified providers.

The Veteran's claims for service connection for arthritis of the wrists, knees, and cervical spine are being remanded due to incomplete records and potential need for additional examination. The case will be reconsidered with both direct and secondary theories of entitlement.

The Board denied the Veteran's claims for service connection and increased ratings for his cervical spine, lumbar spine, and sciatica disabilities. The Veteran's cervical spine disability is not related to service or a service-connected condition. His lumbar spine disability does not meet the criteria for an increased rating beyond 20%. His sciatica disabilities do not warrant additional ratings.

The Board granted service connection for chronic cervical and trapezial muscle strain, assigning a 20 percent disability rating effective February 5, 2002.

The Veteran's claims for service connection for various conditions, including right and left knee disabilities, COPD, adenomyosis, pes planus, neck disability, and psychiatric disorder (PTSD), were denied as there is no current diagnosis of any of these conditions. The Board found that the Veteran did not have a current diagnosis of any of these conditions.

The Veteran's service connection claims for degenerative disc disease of the lumbosacral spine and cervical strain with degenerative disc disease have been granted. The issues regarding an increased rating for PTSD and service connection for flat feet are dismissed.

The Board has remanded the case due to the need for a VA orthopedic examination and further development of the claims.

The Veteran's cervical spine disorder has been rated at 30 percent since August 10, 2003. The current rating is appropriate based on the severity of his disability as determined by VA examinations.

The Board found that the Veteran's low back disability is not proximately due to or the result of any incident of service or service-connected disease or injury, including residuals of a right shoulder fracture and thoracic outlet surgery with rib resection. The claim for cervical spine disorder was remanded.

The Veteran's claims for increased ratings and TDIU were denied. The initial rating of 40 percent for cervical spondylosis with dizziness and headaches remains in effect, effective from December 22, 2002.

The Veteran's lower back disorder, resulting in severe lumbosacral strain and limited forward flexion of the thoracolumbar spine, is rated at 40 percent. The Veteran also has right and left lower extremity neuropathy secondary to his lower back disorder, which warrants separate 10 percent ratings. Additionally, he has bladder impairment/increased urinary frequency as a result of his lower back disorder, warranting a separate noncompensable rating. A single tender scar related to the Veteran's lower back surgery is rated at 20 percent.

The Veteran's cervical and lumbar spine disabilities are being remanded for further examination and opinion regarding their relationship to his service-connected migraine headaches.

The Board has remanded the case for further development due to incomplete records and need for additional medical opinions.

The Veteran's appeal has been dismissed as he withdrew his appeal through his authorized representative.

The Board denied the Veteran's claim for service connection for DJD of all joints, finding that his current DJD is not related to his active service and is more likely due to rheumatoid arthritis.

The Veteran's claims for increased ratings and a temporary total disability rating based on surgery were denied as he did not meet the criteria for these evaluations.

The Veteran's claims for increased ratings for his cervical, back, and dorsal spine disabilities are being remanded due to the need for additional VA examinations.

The Board has remanded the Veteran's claim for a rating in excess of 40 percent for fibromyalgia, previously evaluated as cervical strain and lumbosacral strain. The case is being remanded to determine whether separate ratings are warranted for the Veteran's back and cervical symptomatology as distinct from her fibromyalgia.