Neck / cervical spine decisions — 2010

The Board has remanded the Veteran's claims due to incomplete medical records and insufficient VA examination. The case is now pending for further development.

The Board has determined that the Veteran does not have any current left shoulder, neck, bilateral arm, or right shoulder disabilities that are related to his active service. As such, service connection for these conditions is denied.

The Veteran's service-connected myositis, cervical spine and lumbar spine disabilities are currently rated at the minimum levels. The Veteran's bilateral hearing loss disability is not compensable.

The Veteran's claim for an earlier effective date for the grant of service connection for a cervical spine disorder was denied. The RO found that no CUE existed in the August 1986 and July 1996 rating decisions, which initially denied his claims.

The Veteran's claim for initial compensable ratings for her cervical and lumbar spine disabilities is being remanded due to the need for additional medical examinations and consideration of all relevant evidence.

The Board has determined that additional development is needed to address the appellant's claims, including obtaining missing medical records and scheduling a VA examination.

The Board has remanded the Veteran's claims due to incomplete service records and further development is required.

The Veteran's appeal of the issues regarding a higher disability rating for cervical spine DJD with DDD and a temporary total rating due to surgery has been withdrawn.

The Veteran's appeal for service connection of a left shoulder disability, neck disability, and bilateral hearing loss is being remanded due to incomplete development.

The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is related to his active duty service. The claim for low back disorder remains pending as further examination and development are required.

The Board has determined that the Veteran did not file a timely notice of disagreement regarding the September 2003 rating decision, which denied service connection for right hip injury, right knee injury, and bilateral shoulder pain, as well as assigning noncompensable ratings for bilateral carpal tunnel syndrome and degenerative disc disease of the lumbar and cervical spine segments. As such, the appeal is denied.

The Board denied the Veteran's claims for service connection for erectile dysfunction, cervical spine disability, multilevel lumbar discogenic disease, prostate condition, and gouty arthritis. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board has granted service connection for cervical disc disease and cervical spondylosis, finding that these conditions are proximately due to the Veteran's service-connected myofascial pain syndrome.

The Board found that the Veteran's cervical spine and low back disabilities were not incurred or aggravated by service, as there was no evidence of such during service or for many years thereafter. The current conditions are considered to be a result of pre-existing congenital defects.

The Veteran's nerve damage of the hands and feet claim is denied. The tinnitus claim has been granted as service connected, with a finding of clear and unmistakable error in a previous rating decision. The cervical spine arthritis claim was reopened based on new evidence showing current disability, which is considered to be incurred during peacetime service. The prostate disability claim remains not diagnosed or service-connected.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine and cervical spine were not caused or aggravated by his service-connected left knee disorder.

The Board finds that the Veteran's cervical spine degenerative disc and joint disease, asthma and chronic bronchitis, and major depressive disorder are all due to conditions incurred or aggravated during her period of active service. The effective date for these determinations is June 6, 1978, one day after separation from service.

The Board found that the Veteran's cervical spine disorder was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The Veteran's appeal has been withdrawn before a decision was made by the Board.

The Veteran's cervical spine disability is rated at 20 percent, effective from the date of service connection. His right subscapular nerve neuralgia is separately rated at 20 percent. Service connection for recurrent iritis of the right eye was granted.