Neck / cervical spine decisions — 2010

The Board denied the Veteran's claims for service connection and an increased rating for his cervical spine disability, finding that new evidence did not establish a current disability or link it to service.

The Board has determined that service connection for degenerative disc disease of the cervical spine and right elbow and forearm tendonitis is not warranted, but has granted restoration of a 50 percent disability rating for service-connected rotator cuff syndrome of the right shoulder.

The Board found no evidence of a cervical spine disorder or brain tumor in service, and the Veteran's current conditions are not related to his military service. The claim for service connection was denied.

The Board denied service connection for cervical spine disorder, hepatitis C, and bipolar disorder due to lack of evidence linking these conditions to service. The Veteran's claims were not reopened as the new evidence did not relate to an unestablished fact necessary to substantiate the claims.

The Board has remanded the case for additional development, including obtaining relevant medical records and scheduling VA examinations.

The Board has determined that further development is needed, including obtaining SSA records and scheduling a VA examination to determine if the Veteran's cervical and lumbar spine disabilities pre-existed service or were aggravated by service.

The Board has remanded the case for further development due to insufficient evidence regarding service connection claims and a need for medical examinations.

The Board has remanded the claims for further development due to inadequate medical opinions in a previous examination report.

The Veteran's cervical spine disability is rated at 40 percent, and the lumbar spine disability is rated at 10 percent prior to May 8, 2008. The right hand neuropathy was initially rated at 10 percent but has been severed.

The Veteran's service-connected disabilities preclude him from securing and following substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Board has granted service connection for degenerative disc disease of the cervical and lumbar spine, finding that the Veteran's current symptoms are related to her active military service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for the residuals of a cervical fusion, status post hardware removal is being remanded due to inadequate examination and need for further development.

The Veteran's back and neck disabilities are found to have begun during her military service, granting service connection for these conditions.

The Veteran's cervical spine disability is currently rated at 20 percent, effective the date of his increased disability rating claim. Separate ratings for incomplete paralysis of the left and right upper radicular groups are also granted.

The Veteran's claims for hepatitis, rash on the hands and forehead, leg cramps, defective vision, cervical spine disability, and left knee disability have all been denied as there is no evidence of a current disability or a link to service.

The Board denied the Veteran's claim for an earlier effective date for service connection of tension headaches secondary to cervical spondylosis, finding no legal basis for such a request.

The Board has determined that the appellant does not have a service-connected scoliosis of the thoracic spine, a psychiatric disorder including depression, or residuals of a xiphoidectomy. The low back disability, neck disability, respiratory disorder, headache disorder, and bilateral shoulder disability are also denied as not being related to her active service. Tinnitus is also denied.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's claimed knee and cervical spine disabilities.

The Veteran's claims for increased evaluations for residuals of a left (minor) shoulder injury and degenerative cervical spondylosis have been granted, with the effective date being July 10, 2007, for the shoulder disability and July 10, 2008, for the cervical spine disability.

The Board has determined that the Veteran's cervical spine disability had its onset during active service and is therefore granted service connection.