Neck / cervical spine decisions — 2010

The Veteran's claim for service connection for a cervical spine disorder is being remanded due to the need for additional medical examination and development of records.

The Veteran's appeal involves multiple issues, including service connection for GERD and a cervical spine disability. The lung disorder claim is pending as it requires establishing service connection based on secondary to GERD. The AOJ must obtain SSA records, consider additional evidence not previously considered, clarify the etiology of the Veteran's cervical spine disability, reopen the lung disorder claim if entitlement to service connection for GERD is established, and schedule a VA examination.

The Veteran's cervical spine disability is rated at 60 percent, effective June 26, 1997. The claim for earlier effective date for service connection of right upper extremity radiculopathy is granted and the effective date is set at June 26, 1997. The Veteran is also awarded TDIU.

The Veteran's initial increased ratings for his service-connected left shoulder and cervical spine disabilities have been denied. The current ratings of 20 percent are deemed appropriate based on the evidence showing arthritis with painful motion, but not limitation of function.

The Veteran's benign prostatic hyperplasia, degenerative joint disease of the cervical spine, hypertension, and hypertensive nephrosclerosis were all found to have been incurred in service.

The Veteran's request for a hearing before a traveling Veterans Law Judge has not been satisfied, and the case is being remanded to schedule such a hearing.

The Veteran's service-connected cervical spine disorder is not manifested by forward flexion limited to 15 degrees or less, ankylosis, or incapacitating episodes as defined by VA regulations having a total duration of at least 4 weeks but less than 6 weeks during a 12 month period. Therefore, the criteria for a rating in excess of 20 percent are not met.

The Board denied the Veteran's claim for an earlier effective date of September 24, 1999 for service connection of degenerative joint disease (DJD) of the lumbar and cervical spines. The decision found no clear and unmistakable error in previous decisions denying service connection.

The Board found no evidence of a lumbar or cervical spine disability during service and denied the Veteran's claims for service connection as there was insufficient medical evidence to link current disabilities to service.

The Veteran's psychiatric disorder, to include depressive disorder, was incurred in service. The Board finds that the Veteran's current cervical spine disability manifested by muscle spasms and respiratory disorder (to include sleep apnea) are not attributable to her active duty service.

The Board found no evidence of a relationship between the Veteran's current degenerative disc disease of the cervical spine and his military service, nor did it support a finding that this condition was caused or aggravated by his service-connected chronic myofascial strain of the cervical spine and right trapezius muscle.

The Board has remanded the case for further development due to incomplete documentation and need for medical examinations.

The Board has granted service connection for a right arm scar and found that the Veteran's hypertension and cervical spine degenerative disc disease are related to his active duty service.

The Board denied the Veteran's claims of entitlement to service connection for a cervical spine disability, right shoulder disability, and right rib disability. The decision also addressed whether new and material evidence had been received to reopen his previously denied claims for these disabilities.

The Board has remanded the case for additional development, including obtaining service treatment records and VA treatment records. The Veteran's claim will be reconsidered after this additional development.

Service connection for degenerative joint disease of the cervical spine is not granted.,Service connection for emphysema is not granted.

The Veteran's claims for service connection for a cervical spine condition and chondromalacia patella of the left knee are being remanded. His PTSD claim is also being remanded, but his TDIU claim remains pending.

The Veteran's cervical spine disability is being reviewed due to a claim for compensation under 38 U.S.C. § 1151, which involves both the March 1999 and December 2000 surgeries. The Board has ordered additional development of records from Minneapolis VA Medical Center and a VA examination.

The Veteran's service-connected right shoulder disability is considered to be the primary cause of his cervical spine disability. The Board finds that the Veteran's current cervical spine disability is related to his service-connected right shoulder disability.

The Veteran's claims for service connection for various disabilities, including left leg cellulitis, disability of the feet, left knee disability, lumbar spine disability, and cervical spine disability, were denied as there is no evidence linking these conditions to his active military service.