Neck / cervical spine decisions — 2010

The Board has determined that the Veteran's cervical spine disorder, including osteoarthritis, is proximately due to or the result of his service-connected low back disability. The decision grants the claim for secondary service connection.

The Veteran withdrew his appeal concerning all issues, including the reopening of service connection claims and the entitlement to service connection for bilateral knee disabilities.

The Board denied the Veteran's claim for service connection for a neck condition, finding that new and material evidence had not been presented to reopen the claim.,The Board also denied the Veteran's claims for service connection for a skin condition (claimed as jungle rot) and diarrhea.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a chronic cervical spine disorder, including degenerative disc disease and degenerative joint disease. The issue is now remanded for further action.

The Board has granted service connection for the Veteran's cervical spine disability, finding that it is etiologically related to his active service. The issue of service connection for periodontal disease remains pending.

The VA determined that the Veteran's service-connected disabilities do not render him unemployable, as he is capable of engaging in sedentary work.

The Board has determined that the Veteran's cervical spondylosis is a result of his service-connected lumbar spine disability, and thus grants service connection for this condition.

The Veteran's low back strain, right hip bursitis, and left hip bursitis have been granted service connection.,Service connection for a cervical spine disorder and gastroesophageal reflux disease (GERD) has not been established.

The Board has determined that the Veteran's cervical spine disability warrants a rating of 20 percent effective July 1, 2006. The reduction from 40 percent to 20 percent was proper as the disability had improved and it did not meet the criteria for an increased rating.

The Board has decided in favor of the Veteran, granting service connection for his cervical spine disability.

The Veteran's cervical spine disability is being remanded for a new VA examination to determine if it is related to service or his service-connected right shoulder and left wrist degenerative joint disease.

The Board found that the Veteran's cervical spine disorder was not incurred in or aggravated by active service, nor is it secondary to a service-connected disability. The lumbar spine disorder claim was also denied as there were no incapacitating episodes of spine disease in the past year and the symptoms did not meet the criteria for intervertebral disc syndrome.

The Veteran's claims for increased ratings and service connection were denied. The cervical spine disability is rated at 20 percent, effective December 4, 2008. Service connection for PTSD was not granted.

The Veteran's service connection claim for cervical and lumbar degenerative disc disease with lumbar spondylosis is granted. The claim for depression and anxiety remains pending as it was not addressed in the decision.

The Board found that the Veteran's chronic cervical spine disability was not incurred in or aggravated by active military service, is not presumed to have been incurred in active military service and is not secondary to a service-connected disability.

The Veteran's appeal was denied for various issues, including service connection for bilateral hearing loss and cervical spine disability, increased ratings for lumbar spine disability, and initial ratings for tinnitus and cervicogenic headaches. The Veteran's lumbar spine disability is rated at 10 percent prior to April 4, 2009, and 20 percent since then.

The Veteran's left ankle injury with traumatic arthritis is currently rated at 10% and cervical disc disease before surgery was rated at 20%, but after surgery the rating has been increased to 30%. The appeal is mixed as some issues were granted while others were denied.

The Veteran's cervical spine disabilities are being remanded for further examination and development due to the need for a VA medical opinion regarding their etiology.

The Veteran's service-connected disabilities, including his cervical, thoracic, and lumbar spine conditions, arteriosclerotic heart disease, hearing loss, dacrycocystitis, and other conditions, are of such severity that they preclude substantially gainful employment.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining relevant medical records and scheduling appropriate VA examinations.