Neck / cervical spine decisions — 2010

The Veteran's claims for increased ratings for cervical paravertebral muscle myofasciitis with left trapezius strain and loss of sensation in the left upper extremity were denied as there is no evidence of akylosis in the cervical spine, and his left shoulder disability is wholly manifest through sensory symptoms.

The Veteran's appeal is being remanded due to the need for a hearing before a Member of the Board at the RO level.

The Board has determined that service connection is warranted for the Veteran's left ankle disorder, but denied his claims of service connection for other conditions.

The Veteran's post traumatic headaches have been rated at the maximum available rating of 30 percent. The cervical spine spondylosis, frozen left shoulder (secondary to cervical spine spondylosis), and frozen right shoulder (secondary to cervical spine spondylosis) have all been rated at the maximum available ratings of 20 percent each. The residuals of trauma, right upper extremity (including right arm and hand) have also been rated at the maximum available rating of 10 percent.

The Board denied the Veteran's claims of entitlement to service connection for a neck disability, headaches, bilateral knee disability, and an initial compensable rating for sinusitis with allergies. The decision found that there was no evidence supporting additional low back or neck disabilities due to VA treatment in 1999, and concluded that the Veteran did not have sufficient underlying pathology to support his complaints of chronic back pain.

The Veteran's claims for increased ratings for cervical spine arthritis and service connection for bilateral ankle disorder, asthma, and cervical radiculitis have been granted. The Veteran is now assigned a 20 percent disability rating for his cervical spine arthritis prior to February 5, 2007, and from April 1, 2007, with separate ratings of 20 percent each for bilateral ankle disorder and asthma.

The Board has decided to remand the case for further development due to incomplete service records and need for additional medical examination.

The Veteran's unauthorized medical expenses incurred on September 21, 2006 were denied as the treatment was not for an emergent condition and a VA facility was feasibly available.

The Board found that the Veteran's cervical spine and low back disabilities were not incurred or aggravated by service, and thus denied service connection for these conditions.

The Veteran's claims for service connection for visual disturbance, poor concentration, lupus erythematosus, Reiter's syndrome, a cervical spine disorder, a left knee disorder, and PTSD are denied. The claim for service connection for mental disturbance/trauma flashback is also denied.

The Veteran's claims for service connection are being remanded to allow for further examination and opinion regarding the relationship between his current disabilities, including head injury, back disability, shoulder disorders, cervical spine disorder, and tinnitus, and his active service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to determine the etiology of his claimed back and neck disabilities.

The Board found no evidence of a current right knee disability and denied the Veteran's claim for service connection.

The Veteran's claims are being remanded for additional development, including de novo review of his service-connected disabilities and a TDIU claim.

The Veteran's service-connected lumbosacral strain is rated at 10 percent, and the issues of service connection for cervical spine disability and right upper extremity radiculopathy are denied.

The Veteran's claim for a higher rating prior to August 30, 2007 was granted. The issue of a rating in excess of 20 percent from that date has been withdrawn by the Veteran.

The Veteran's claims for service connection for lumbar spine disability, cervical spine disability, and heart disability are pending. The Board finds the preponderance of evidence against these claims.

The Veteran's claim for service connection for residuals of a back injury, including herniated discs and left leg radiculopathy in the cervical, thoracic, and lumbar spine segments is being remanded due to the need for additional development.

The Veteran's claims for service connection for bilateral leg disability, cervical and lumbar spine disorders, and thoracic spine disorder have all been denied. The Board found that there is no competent evidence of a current diagnosis of any of these conditions, nor does the evidence show their relationship to his service or service-connected right shoulder disability.

The Veteran's cervical spine disability was found to not meet the criteria for a higher rating as it did not show unfavorable ankylosis of his entire cervical or spinal spine, nor incapacitating episodes of intervertebral disc syndrome.