Neck / cervical spine decisions — 2010

The Board denied the appellant's claims of service connection for an acquired psychiatric disability, a cervical spine condition, and a lumbar spine condition. The decision is based on the lack of evidence linking these conditions to his military service.

The Board denied the Veteran's request to reopen his claim of service connection for a neck disability, finding that new and material evidence was not received.

The Board denied the Veteran's claims for service connection for cervical spine and bilateral hip disabilities due to a lack of evidence showing an in-service injury or disease related to these conditions.

The Board found that the Veteran's arthritis of the lumbar and cervical spine is not shown to be causally related to an in-service injury, and such may not be presumed. As a result, service connection for these conditions was denied.

The Board found that the Veteran did not have a chronic skin disorder in service or until decades after service, and denied his claim for service connection.

The Veteran's service-connected disabilities, including PTSD, did not render him unable to secure or follow a substantially gainful occupation prior to December 5, 2007. Effective from that date, the RO granted TDIU.

The Veteran's cervical spine disability is currently rated at 30 percent, and he has been granted separate evaluations for his nocturia (urinary frequency) and numbness, paresthesias, and leg/foot weakness. The combined rating remains at 60 percent.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to his service, and thus denied both claims.

The Board has determined that the Veteran's bilateral knee disability and cervical spine disorder were not incurred or aggravated during active military service, nor are they related to injury sustained while serving in the National Guard. As a result, these claims for service connection have been denied.

The Veteran's appeal was denied for various issues, including service connection claims and rating determinations. The claim of reducing the rating for mechanical low back pain with lumbar strain, lumbar spondylosis, degenerative disc disease L4-5 and L5-S1 to 20 percent was found improper.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a cervical spine disability. The Veteran's claim was previously denied in 1998, but she recently submitted additional evidence which does not relate to an unestablished fact needed to substantiate her claim.

The Board denied service connection for various chronic conditions, including shoulder, cervical spine, lumbar spine, knee, and foot disorders. The decision was based on the lack of evidence linking these conditions to service.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a VA examination to determine the impact of service-connected disabilities on employment.

The Veteran's cervical spine disorder is not service-connected and was not caused by his service-connected bilateral claw feet. The non-healing neuropathic plantar ulcer, right first toe, status post partial amputation, is service-connected as secondary to the service-connected bilateral claw feet. Bilateral ankle instability is also service-connected as secondary to the service-connected bilateral claw feet.

The Board has denied the appellant's claims to reopen his service connection for hip disability, cervical spine osteoarthritis, and back disability (including arthritis of the lumbar spine). The RO found that no new and material evidence had been submitted.

The Board found that the Veteran's cervical spine condition, lumbar spine condition, and headache condition are not related to his active duty service.

The Veteran's cervical whiplash injury does not result in forward flexion of the cervical spine to less than 15 degrees, a combined range of motion less than 170 degrees, or any abnormal spinal contour. Therefore, her claim for an increased rating is denied.

The Veteran's appeal is being remanded due to the need for a VA TBI examination and for issuance of a statement of the case regarding initial ratings for degenerative spondylosis of the cervical spine, hearing loss, and tinnitus.

The Veteran's claims for service connection for hearing loss, tinnitus, a neck disability, and a left shoulder disability are being remanded due to the need for additional medical examinations to determine the existence of current disabilities and their etiology.

The Veteran's service-connected cervical spine and lumbosacral spine disabilities are rated at 30 percent and 20 percent, respectively. The Board finds that the weight of evidence is in approximate balance and with resolution of doubt in favor of the Veteran, granting higher ratings for his disabilities.