Neck / cervical spine decisions — 2011

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a link between the claimed disabilities and his service-connected conditions, or any other presumptive basis.

The Veteran's appeal is being remanded for additional development, including obtaining verification of his service periods and providing the Veteran with VA examinations to determine the etiology of his claimed disabilities.

The Veteran's service-connected lumbar spine sprain and arthritis of the cervical spine are currently rated at 40 percent each, but no higher. The Board finds that there is not sufficient evidence to warrant a higher rating for either condition.

The Board has ordered the VA to obtain the Veteran's service treatment records for his periods of active duty and ACDUTRA service with the Marine Corps Reserves. The case is REMANDED for these records to be obtained.

The Board has remanded the case for additional development to obtain updated VA medical records, clarify the Veteran's service connection claims, and provide a comprehensive examination to determine the nature and etiology of any cervical spine disability, migraine headaches, and acquired psychiatric disorder.

The Veteran's request for hearings has been addressed, and the case is being remanded due to scheduling issues. Service connection claims are pending.

The Veteran is seeking service connection for various musculoskeletal conditions, including heart disease and arthritis in multiple joints. The appeal will be remanded to allow for additional examinations and opinions regarding the etiology of these conditions.

The Veteran's initial higher ratings for cervical spine degenerative disc disease and mechanical low back pain syndrome have been denied as his conditions do not warrant a rating greater than the currently assigned 10 percent or 20 percent evaluations.

The Veteran's fungal skin disability of the feet and toenail fungus have been granted service connection. Service connection for bilateral shoulder/cervical spine disability has also been granted, but no rating assigned. The Veteran's lumbar sprain with degenerative disc disease is rated at 40 percent, which is the maximum schedular rating available.

The Board has remanded the case for further development due to a lack of compliance with previous orders. The Veteran is scheduled for a hearing before a Veterans Law Judge at his local regional office via videoconference or in person if preferred.

The Board finds that the Veteran's current diagnoses of degenerative joint disease / degenerative disc disease of the cervical spine and mild degenerative disc disease of the lumbar spine are related to his service, granting service connection for these conditions.

The Board found that the Veteran's cervical spine disability was not incurred or aggravated in service, as there were no documented incidents of injury during his military service and no medical records indicating a pre-service onset. The claim is denied.

The Veteran's tinnitus was granted service connection. The initial disability ratings for his thoracolumbosacral and cervical spine strains are pending.

The Board found that the Veteran's cervical spine disability is not related to his active service and denied his claim for service connection.

The Board has remanded the case for additional development, including a VA examination to address whether any current neck and back disabilities began in service or were caused by incidents during service.

The Board has remanded the claims for cervical and lumbar spine disabilities due to inadequate examination reports, requiring a new VA examination.

The Board determined that an initial schedular disability rating in excess of 10 percent for the Veteran's cervical spine strain was not warranted by the evidence, and thus denied the claim for extraschedular consideration.

The Board has determined that the Veteran's cervical and lumbar degenerative disc disease were incurred in service, resulting in a grant of service connection for these conditions.

The Veteran is seeking an increased rating for his service-connected cervical spine disability. The RO has requested a new VA examination to assess the current severity of the condition, as well as any relevant Social Security Administration (SSA) disability benefits and VA treatment records.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and a medical examination to assess the nature and etiology of his claimed back and neck disability as well as his stomach condition.