Neck / cervical spine decisions — 2011

The Veteran's cervical spine injury is not shown to have occurred in service, and the current condition is not related to his military service.

The Veteran's claimed conditions, including pain of the knees, ankles, feet, hands (including fingers), chronic fatigue, upper respiratory symptoms, and headaches, are not service-connected due to lack of evidence showing their onset during active duty or being attributable to a known clinical diagnosis.

The Veteran's appeal involves claims for higher initial ratings and service connection for various disabilities. The Board has determined that additional development is needed, including obtaining medical examinations to reassess the severity of his current disabilities and determine their etiology.

The Board has decided to remand the Veteran's claims due to incomplete service records and need for further development, including verification of dates of active duty and National Guard service.

The Board denied the Veteran's claims for service connection for left ear hearing loss, TMJ disorder, and an initial compensable rating for a cervical spine disorder. The Veteran was granted service connection for tinnitus but not for right shoulder strain or neurological impairment of the bilateral upper extremities.

The Veteran's current bilateral sensorineural hearing loss is related to active duty service and the claim for this condition is granted. The Board finds that a grant of service connection for tinnitus, cervical spine disorder (DDD of the cervical spine), and left knee disorder (claimed as left knee patellar tendonitis and Osgood-Schlatter's disease) is warranted based on service incurrence.

The Veteran's left knee was granted an initial compensable rating of 10% prior to July 19, 2001. Service connection for a cervical disability, right wrist disability, and right elbow disability were denied.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU on an extra-schedular basis, and his claims for increased evaluations were denied.

The Board has determined that the Veteran's cervical spine disorder is not related to service and denied his claim for service connection. The Veteran's right radial head fracture with degenerative changes was granted a 10 percent evaluation in July 2004, which was increased to 30 percent effective December 1, 2005.

The Veteran meets the schedular criteria for TDIU and her service-connected disabilities preclude her from securing or following a substantially gainful occupation as of October 18, 2001.

The Board found that the Veteran's mild degenerative joint and disc disease of the cervical spine did not have its onset in service, within one year of service, nor may it be presumed to have been incurred in service. The claim was denied.

The Veteran's service-connected cervical spine osteoarthritis has been rated at 10 percent since the date of her claim. The VA examiner found that her range of motion was limited, with forward flexion and combined cervical range of motion not exceeding 40 and 280 degrees respectively, without evidence of muscle spasms or abnormal spinal contour.

The Veteran's PTSD is service-connected based on his combat experience. The Board finds that the Veteran has a current diagnosis of bilateral hearing loss, cervical spine disability, left knee disability, right knee disability, and skin disorder of both feet due to in-service noise exposure and other factors.

The Board has determined that the Veteran's lumbar spine disorder is not related to service or his service-connected seizure disorder.,For his cervical spine and headaches, additional evidence was provided since the February 2009 VA examination. The Veteran should be afforded a new VA examination to determine if these conditions are related to service or service-connected seizure disorder.

The Board has determined that the Veteran's current cervical spine disability, chronic headaches, and bilateral shoulder disability are related to his military service. The appeal is granted.

The Board has determined that the Veteran's lumbar and cervical spine arthritis do not warrant evaluations greater than 20 percent, as they do not meet the criteria for such ratings under VA rating criteria.

The Veteran's initial ratings for his lumbar spine and cervical spine disabilities have been denied as the evidence does not support a higher rating under the applicable diagnostic codes.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to determine the nature and etiology of his spine and lower extremity disabilities.

The Board has granted service connection for residuals of a left ankle sprain and myositis of the cervical segment of the spine, finding that these conditions are related to the appellant's military service. The disability evaluations will be determined after additional examinations.

The Veteran's lumbosacral disability and cervical spine disability were not incurred or aggravated by service, nor are they related to his service-connected left knee condition.,The Veteran does not have a current disability of the cervical spine that is service connected.