Neck / cervical spine decisions — 2010

The Veteran is granted a separate 10 percent rating for the neurological manifestations of his cervical spine disability in the right upper extremity, effective September 26, 2003. The claim for service connection for a lumbar spine disability was reopened and granted secondary to the service-connected left ankle, left knee, and cervical spine disabilities.

The Veteran's appeal was withdrawn. The Board granted service connection for cervical spine arthritis, claimed as a cervical spine condition, on a presumptive basis due to its presence within one year of separation from active duty.

The Board found that the Veteran's cervical spine disability was not incurred or aggravated during active service and is not otherwise etiologically related to service. The claim for service connection was denied.

The Veteran's claims for service connection for cervical spine and mid-to-low back disabilities are being remanded due to the need for a new VA examination to determine their etiology, as well as obtaining additional medical records.

The Veteran's appeal for a higher rating for her left knee disability and service connection for a cervical spine disorder were both denied. The Veteran's left knee disability is currently rated at 20 percent based on instability, but no increased rating was granted due to lack of severe instability as demonstrated by objective clinical testing. Service connection for the cervical spine disorder was also not established.

The Veteran's appeal for service connection for a disability manifested by tingling of the upper right extremity has been withdrawn. The Board also found that there is no evidence of a current cervical spine disability related to service.

The Board has determined that the appellant's chronic cervical strain was not incurred in or aggravated by active service, while his chronic lumbosacral strain is considered to be at least as likely as not related to service.

The Board denied the Veteran's claims for service connection for cervical spine, lumbar spine, and knee disabilities due to a lack of evidence linking these conditions to his military service.

The Veteran's appeal is being remanded due to the need for additional medical records and information regarding his SSA disability benefits.

The Board has remanded the Veteran's claims for cervical spine disorder and hypertension due to incomplete service records, conflicting medical evidence, and need for additional examinations.

The Board found no evidence of in-service injury or disease related to the Veteran's claimed disabilities and concluded that service connection is not warranted.

The Veteran's claim for service connection for numbness of the left side of the face, including as secondary to herniated disc of the cervical spine, was granted. The condition is considered a direct service connection without any need for additional evidence or special circumstances.

The Board has granted service connection for residuals of C4/C5, C5/C6 anterior cervical discectomy and fusion for cervical spondylosis with residual scar, neck pain, and left arm radiculopathy as secondary to the Veteran's service-connected arthritis/disc disease of the lumbar spine.

The Board has determined that additional medical examinations and opinions are needed to properly evaluate the Veteran's claims, including for his cervical spine disability and associated radiculopathy, as well as his claimed right leg disorder. The VA will provide these services on remand.

The Board has determined that the Veteran's cervical spine disability is service-connected, but his residuals of cold injury of the lower extremities and onychomycosis are not service-connected.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred in or aggravated by active service, as there was no evidence of a pre-existing condition noted at entry into service and no chronicity of symptoms demonstrated during service. The Veteran's current conditions are attributed to his own actions following separation from service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an effective date prior to February 22, 2008, for the grant of service connection for a cervical spine disability has been denied as VA is precluded from granting an earlier effective date based on the undisputed facts in this case.

The Veteran's claim for permanent and total rating for basic eligibility for Dependents' Educational Assistance (DEA) benefits is being remanded due to the need for further development, including a VA examination.

The Board has granted the Veteran's claim for service connection for headaches, finding that they are secondary to his service-connected cervical spine disability. The effective date of this grant is not specified in the decision.