Neck / cervical spine decisions — 2010

The Board has determined that the Veteran does not have a current, chronic left wrist disability or cervical spine disability related to his military service. The evidence does not support a finding of in-service injury or disease resulting in these conditions.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and denied his claim. The shoulder disability issue is being remanded for further development.

The Board has remanded the Veteran's claims for additional development, including obtaining records from his place of employment and reviewing service treatment records. The Veteran is also asked to submit an original letter dated July 1961.

The Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment prior to April 23, 2002. The claim for TDIU is denied for the period prior to this date.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted a TDIU rating effective March 6, 2009.

The Board has determined that the Veteran's cervical spine disorder is related to his active service, and thus grants service connection for this condition. The claim for a bilateral shoulder disorder was not substantiated.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claims for service connection.

The Veteran's service-connected disabilities, including spondylolisthesis L5-S1 with secondary myositis of dorsal and lumbar paravertebral muscles; myositis of the cervical paravertebral muscles; spondylolisthesis L5-S1 with secondary myositis of the cervical dorsal lumbar paravertebral muscles; residuals of fracture of the right clavicle with deformity; and duodenal ulcer disease with duodenitis, meet the schedular requirements for a TDIU. However, VA has not determined whether these disabilities alone preclude her from obtaining or engaging in substantially gainful employment.

The Veteran died of bilateral pneumonia, which the VA determined was not related to any service-connected disability. The Board found that there is insufficient evidence to determine if a service-connected condition contributed to his death.

The Veteran's claims for increased ratings were granted, with the cervical spine disability receiving a 20% rating effective from January 19, 2009. The lumbar spine and right tibia/fibula fracture disabilities each received a 20% rating.

The Board denied service connection for hepatitis C, Guillain-Barr Syndrome, residuals of upper respiratory infection (COPD), hypertension, and inguinal and cervical lymphadenopathy. The claims were not reopened.

The Board found that the Veteran's low back and cervical spine disorders, as well as his swelling of the wrist, fingers, and knees, were not incurred or aggravated by service. The gastrointestinal disorder was also denied due to lack of evidence connecting it to service.

The Veteran has withdrawn all of his appeals, and the Board does not have jurisdiction to review these claims.

The Veteran's claim of service connection for arthritis of the cervical spine was granted. The claim to reopen his disability of the lumbar spine was denied due to lack of new and material evidence.

The Veteran's claims for increased ratings for his service-connected right hand/wrist disability, right ankle disability, and cervical spine disability have been denied. The right hand/wrist disability is currently rated at 10% due to limitation of motion. The right ankle disability has been granted a 10% rating based on moderate instability with flare-ups approximately four to five times per month resulting in pain and swelling.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the relationship between Reiter's syndrome and his service-connected disabilities. The issue of entitlement to TDIU will also be addressed.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a spine examination. The Veteran's claims of service connection for back injury, increased hearing loss rating, and TDIU will be reconsidered.

The Veteran's claims for service connection and increased rating have been remanded due to the need for further review of evidence. The claim for a right wrist disability remains at 10 percent.

The Board has remanded the case due to incomplete service treatment records and the need for a VA examination.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA medical records and scheduling examinations.