Neck / cervical spine decisions — 2010

The Veteran's claims for service connection are being remanded due to the need for additional medical examination and opinion regarding the etiology of his current disabilities.

The Veteran's sinusitis is manifested by more than six non-incapacitating episodes per year with pressure, pain, headaches, nasal congestion, nose drainage, nasal sores, yellow and green discharge, foul breath, and two episodes requiring antibiotic use. Therefore, a 30 percent evaluation for sinusitis has been granted.

The Board has granted service connection for degenerative disc disease of the lumbar spine with S1 radiculopathy. The cervical spine and erectile dysfunction claims are remanded due to new theories presented by the Veteran.

The Board denied the Veteran's claims for increased ratings for his cervical spine disability and recurrent dislocation of the left humerus, finding that the evidence did not meet the criteria for a higher rating under the applicable VA regulations.

The Board denied service connection for muscle spasms of the neck and shoulder blades, but reopened the claim. The new evidence established a current diagnosis of degenerative joint disease of the cervical spine, which is considered a chronic disability resulting from active duty service.

The Veteran's claim for an increased rating in excess of 20 percent for her service-connected cervical spine disorder is being remanded due to the need for a new examination and clarification of findings.

The Veteran's claim for a TDIU rating is being remanded due to the inadequacy of the January 2009 VA examination, which did not consider the impact of his service-connected disabilities on his employability and did not distinguish between service-connected and nonservice-connected disabilities.

The Veteran's claims for a compensable disability rating for cervical adenitis, reopening of service connection claims for left eye and right knee disorders were denied. The Board found that the evidence did not meet the criteria for a compensable rating or to reopen the previously denied service connection claims.

The Board has determined that the Veteran's right leg disability and cervical spine disability were not incurred or aggravated by active service, with no aggravation due to a pre-existing condition.

The Board has determined that additional development is needed to obtain the Veteran's Social Security Administration (SSA) records and other pertinent medical records. The claims will be remanded for this purpose.

The Board has determined that the Veteran does not have current disabilities of left ankle, low back, cervical spine, or left knee. Therefore, service connection for these conditions is denied.

The Veteran's GERD, left ankle disability, and neck disability did not have onset in active service and are not otherwise etiologically related to active service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board denied the Veteran's claims for increased ratings for PTSD, cervical spine disability, and lumbar spine disability. The effective date of service connection was January 18, 2005.

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional medical opinion regarding the relationship between his current neck condition and his military service, specifically the May 1966 in-service accident.

The Veteran's claims for increased ratings for service-connected lumbar and cervical spine disabilities were granted, with a 20 percent rating assigned from August 22, 2007.

The Board has remanded the claims for further development due to a need to consider other psychiatric disorders and obtain Social Security Administration records.

The Board denied reopening of the claims for cervical injury, jungle rot of the bilateral feet, and residuals of a cold injury to the right foot. The claim for sinus and throat disorder was reopened.

The Veteran's appeal is granted, with a rating of 20 percent for the gunshot wound to the left foot effective from April 15, 2004.