Neck / cervical spine decisions — 2010

The Veteran's claims are being remanded for additional development, including providing proper VCAA notice and obtaining outstanding treatment records.

The Board finds that the Veteran's claims of service connection for bilateral hearing loss, tinnitus, degenerative joint disease of the cervical spine, and right shoulder strain are not supported by the evidence of record. The Veteran did not have any diagnosed disabilities during active service or within one year post-service, and there is no competent medical evidence linking these conditions to his military service.

The Veteran's service connection for degenerative disc disease of the cervical spine is granted, with a rating of 10 percent effective from the date of the decision.

The Board has determined that the Veteran's current cervical, thoracic, and lumbar spine disabilities are related to his period of military service.

The Veteran's service-connected disabilities meet the percentage rating standards for TDIU, but he is not currently unemployable due to his service-connected conditions.

The Veteran's appeal was denied for higher initial ratings for cervical spine disability, right ulnar nerve paralysis, left ulnar nerve paralysis, and left shoulder impingement syndrome.

The Veteran's service-connected lumbosacral and cervical strains are currently evaluated at the maximum available ratings, with no additional disability found to warrant higher evaluations.

The Veteran's service connection claims for migraine headaches, cervical spine disorder, left shoulder disorder, and degenerative joint disease of the knees are granted. The Veteran is awarded a 10 percent rating for lumbar strain with degenerative changes from April 18, 2006 to January 4, 2008, and an increased evaluation to 40 percent thereafter. He also receives a non-compensable rating for his scar of the anterior neck and burn scar of the right hand. The Veteran's scrotal varices disability is rated as non-compensable, while his degenerative joint disease of the left knee and right knee are each rated as non-compensable.

The Board has determined that the Veteran's neck disability had its onset in service and is etiologically related to his active service, while his back disability did not have an onset in service and is not otherwise etiologically related to his active service.

The Veteran's initial increased rating for cervical spondylosis was granted, with a current evaluation of 10 percent effective September 17, 2009.

The Board denied service connection for hypertension and cervical arthritis, finding that the Veteran's current conditions are not related to his active duty service. The evaluation claims were also found to be without merit.

The Veteran's claims for service connection for cervical spine disorder, thoracolumbar spine disorder, bilateral hearing loss, and chronic prostate disorder were denied as there is no competent medical evidence of a current disability related to service.

The Board has remanded the case due to incomplete records and the need for additional examinations.

The Veteran's cervical spine disability is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating based on the current evidence of record.

The Veteran's cervical spine disorder is being remanded for additional development, including obtaining medical records and verifying his reserve service.

The Veteran's medical services at Cary Medical Center on October 13, 2007 were not authorized prior to the treatment and did not meet the criteria for reimbursement under VA regulations.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted service connection for the Veteran's degenerative disc disease of the thoracolumbar spine with spondylosis and radiculopathy, finding that it was incurred in active service. The cervical spine issue remains pending.

The Veteran's claims for increased ratings and effective dates were denied. The cervical spine disability was rated as 20% prior to September 17, 2002 and 40% thereafter. The wrist injury with ulnar neuropathy and right shoulder strain were both rated at 10%. No earlier effective date was granted for the service connection of right shoulder strain.

The Board has remanded the case for further development, including obtaining missing service treatment records and contacting SSA regarding the Veteran's disability benefits claim.