Neck / cervical spine decisions — 2010

The Veteran's cervical spine disability, status post fusion of C5-6, is service-connected. The Veteran's atonic bladder condition is also service-connected as secondary to his cervical spine disability.

The Veteran's claim for higher ratings for cervical and lumbar spine disabilities was granted, with the cervical spine receiving a 20 percent rating effective June 1, 2007.

The Board found that the Veteran's cervical spondylosis with multi-level degenerative disc disease was not incurred in or aggravated by service, nor is it shown to be related to a service-connected disability. The claim for secondary service connection based on post-concussion headaches was also denied.

The Board has withdrawn the issue of a rating in excess of 60 percent for the Veteran's lumbar spine disability. The cervical spine disorder is not service connected, as there is no evidence that it was incurred or aggravated by military service. Headaches and radiculopathy of the bilateral upper extremities are also not service-connected, as they are not related to the Veteran's service-connected disabilities.

The Veteran's claims for service connection and increased ratings are denied. The Veteran has been granted service connection for tinnitus, but the maximum disability rating is already assigned.

The Board has decided to remand the case for additional development, including obtaining a clarifying medical opinion regarding the nature and etiology of any cervical spine disorder and headaches that may be present. The issue of service connection for headaches is inextricably intertwined with the cervical spine claim.

The Board has reopened the Veteran's previously denied claims for service connection for bilateral carpal tunnel syndrome, left shoulder condition, right knee disorder, and cervical spine condition. However, it finds that there is insufficient evidence to establish a nexus between the Veteran's current tinnitus and his in-service noise exposure or any other incident of service.

The Board has determined that the Veteran does not have a current diagnosis of chronic athlete's foot, and there is insufficient evidence to establish service connection for this condition. The right wrist condition with pain was found to be related to military service, but the sinusitis claim was denied as there is no evidence of in-service injury or disease. Headaches were also found not to be secondary to a service-connected disability.

The Veteran's appeal is being remanded to allow for a VA examination and further development of his claims for higher initial evaluations for service-connected chronic cervical strain with decrease in joint space at C6-7, and left upper extremity radiculopathy.

The Board denied service connection for left knee and cervical spine disorders, finding no credible evidence of current disabilities or a link to the 2003 motor vehicle accident.

The Veteran's claim for an increased rating for radiculopathy of the right upper extremity was denied as his condition did not meet the criteria for a higher than 10 percent rating.

The Veteran's right ear sensorineural hearing loss and cervical spine disorder have been granted service connection, with the cervical spine disorder receiving a 30 percent evaluation.

The Board has determined that the Veteran's tinnitus and right testicular condition are service-connected, with the remaining issues being denied. The Veteran experienced in-service noise exposure which is presumed to have caused his current tinnitus.

The Veteran's appeal is being remanded due to the need for additional VA examinations and retrieval of relevant treatment records.

The Board has granted service connection for a cervical spine disability to include arthritis and an increased rating for the right shoulder disability. The Veteran's claims are supported by medical evidence showing continuity of symptoms since service, as well as current diagnoses of degenerative disc disease in the cervical spine.

The Veteran's claims for higher ratings for his left ankle disability are being remanded to the RO due to further development needed. The claim for service connection for pes planus and neck, upper and lower back disabilities is also pending.

The Veteran's cervical spine disability is rated at 30 percent effective September 16, 2009. The claim for service connection for bilateral carpal tunnel syndrome remains pending.

The Veteran's major depression with psychotic features has been rated at 70 percent since February 18, 2009. The claim for service connection for a neck disability and stomach or bowel disorder is reopened.

The Board denied the Veteran's claims for service connection for a cervical spine disorder and higher rating for her low back strain. The Board also did not grant TDIU due to insufficient evidence showing she is unemployable.

The Board has determined that the Veteran's cervical spine disability, lumbar spine disability, and a disability characterized by memory loss are not related to his military service.