Neck / cervical spine decisions — 2011

The Veteran has withdrawn his appeals for all issues, including those related to neck/cervical spine disability, lumbar spine disability, arthritis of the lower extremities, bilateral carpal tunnel syndrome, hypertension, and restless leg syndrome.

The Board has determined that the Veteran's claimed cervical spine disease, left arm numbness, left leg numbness, left shoulder disability, right shoulder disability, and left hip disability to include bone graft and scar are not related to service. The claim is denied.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations to assess the current severity of his service-connected cervical spine and right hip disabilities, as well as any new right wrist disorder. The Veteran also testified that he has headaches related to his cervical spine disability.

The Veteran's radiculopathy is associated with his service-connected cervical and lumbar spinal stenosis. His peripheral neuropathy of the upper and lower extremities are not related to his service or any aspect thereof, including his service-connected spinal conditions.

The Veteran's death was caused by cirrhosis of the liver, which is not alcohol-related. The Board found that his use of pain medication for service-connected disabilities contributed to his liver failure and granted service connection for the cause of death.

The Board found that the Veteran's bone spurs causing chronic cervical myelopathy and cord atrophy with lower extremity spasticity were not incurred in or aggravated by service, nor proximately due to or the result of his service-connected residuals of nasal fracture with deviated septum.

The Board has granted the Veteran's application to reopen his previously denied claims for service connection for cervical spine and right shoulder disorders. The underlying issues of service connection for these conditions are being remanded for further development.

The Board found that the Veteran's neck and low back disabilities did not exist prior to service, nor were they aggravated by service. Therefore, his claims for service connection are denied.

The Board denied the Veteran's claim for service connection for cervical spine radiculopathy, finding that there was no nexus between his current disability and an in-service injury. The evidence did not establish continuity of symptomatology.

The Board finds that there is no evidence to support the Veteran's claim of a neurological condition of the cervical spine, right shoulder, and right arm being proximately due to VA carelessness or negligence in performing an EMG procedure in October 2005. The preponderance of the evidence does not support this claim.

The Board has remanded the case for separate evaluations of cervical and lumbar spine disabilities, as the existing ratings are combined in the June 2011 rating decision. The RO should assign separate ratings for each disability and implement them accordingly.

The Veteran's claims for service connection and increased evaluations were denied. The Board found that new evidence had not been received to reopen the claim for residuals of a right leg injury.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's cervical spine disability and associated tension headaches were evaluated, but the cervical spine disability was not granted an increased rating. The Veteran received a separate 50% rating for his service-connected tension headaches.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling examinations to determine the nature and etiology of his claimed conditions.

The Veteran's service-connected cervical spine disability with torticollis and tremor is rated at 40 percent, the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that this rating adequately reflects the severity of his condition based on current medical evidence.

The Board has reopened the claim of entitlement to service connection for cervical and lumbar spine disabilities. The VA examiner concluded that these conditions pre-existed service, but did not provide clear and unmistakable evidence to support this conclusion.

The Veteran's cervical spine disability was granted service connection and assigned a 10 percent initial rating effective from the date of separation.

The Veteran seeks service connection for a spinal disability, including cervical, thoracic, and lumbar spine conditions. The case is being remanded to obtain additional medical records and conduct a new VA examination.

The Board found that the Veteran's cervical spine disability did not have its onset during active service and is not etiologically related to his service-connected left shoulder condition, thus denying his claim for service connection.