Neck / cervical spine decisions — 2010

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a bilateral foot disorder. However, the Veteran's claims for lower jaw disability, neck disability, back disability, bilateral hearing loss, and tinnitus have all been denied as there is no clear or unmistakable evidence of aggravation by service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA compensation examinations.

The Board has granted service connection for a right elbow disability, neck disability, and bilateral hand disability on the basis of direct service connection. The Veteran's current right shoulder disability is not found to be related to active service or any incident thereof.

The Board found that the Veteran's claimed cervical spine disability did not have its onset during service and was not related to an injury or disease in service. The disability is not considered a chronic disease for purposes of presumptive service connection.

The Board found no evidence of a cervical spine injury during service and concluded that the current disability is not related to active military service. The Veteran's claim for service connection was denied.

The Board found that the Veteran's low back, neck, and tinnitus disabilities were not incurred in or aggravated by his period of active military service.

The Veteran withdrew his appeal for the issues of hypertension, heart disability, stomach disability, and chronic bronchitis. The remaining claims are dismissed.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for cause of death. The Veteran's service-connected osteoarthritis of the spine is found to have contributed substantially or materially to his death from acute coronary syndrome.

The Veteran's claim for a rating in excess of 40 percent for cervical spine disability was denied, and separate ratings were also denied for radiculopathy of the upper extremities. The current rating is 40 percent.

The Veteran's claims for increased ratings and earlier effective dates were denied. The right knee instability claim was granted, but the Veteran did not meet the criteria for a separate rating. The cervical disk disease and low back condition claims were also denied.

The Board has denied the appellant's claim for reimbursement of additional transportation costs related to the burial of her deceased husband, as he was not buried in a national cemetery or state-owned cemetery used solely for persons eligible for burial in a national cemetery.

The Veteran's claims for cervical spine strain, chronic back pain disorder, and various knee and foot disorders were denied as they are not considered to be related to service. The jaw disability claim was also denied due to lack of evidence linking it to service.

The Board found that the Veteran's low back and cervical spine disorders were not incurred in or aggravated by service, nor may they be presumed to have been incurred in service.

The Veteran's claim for service connection for an upper back disorder, including cervical spine disability, is being remanded due to the need for additional development and examination.

The Veteran's claims for PTSD, lumbar spine disability, right knee disability, left knee disability, right hip disability, neck disability, and right shoulder disability are being remanded due to the need for additional examinations and evaluations.

The Board has determined that the Veteran's current cervical spine disability was caused or aggravated by his service-connected lumbar spine disability.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, but the Board found that it does not warrant a higher rating. The Veteran's neck pain was also denied as not being related to his military service.

The Veteran's cervical spine disability was manifested by forward flexion less than 15 degrees, and the RO granted a 30 percent evaluation for this condition effective December 17, 2007.

The Board found that the Veteran's knee disabilities were not the proximate cause of his cervical spine injury and resultant disability, finding instead that his intoxication at the time of the fall constituted willful misconduct which barred VA compensation for the resulting disability.

The Board has granted service connection for a low back disorder and a cervical spine disorder, both diagnosed as osteoarthritis, based on in-service injuries during periods of inactive duty training.