Neck / cervical spine decisions — 2011

The Veteran's lumbar spine disability is rated at 40 percent, effective June 29, 2010. His cervical spine disability and radiculopathy of the left lower extremity are both rated at 30 percent, also effective June 29, 2010.

The Veteran's chronic muscular neck pain, status post cervical strain, is currently rated at 20 percent and the Board finds that a higher rating is not warranted.

Service connection is granted for a cervical spine disorder and left knee disorder, as these conditions were confirmed within one year of separation from active duty. Service connection is denied for the hysterectomy residuals due to lack of medical necessity.,Veteran's cervical spine and left knee disorders are service-connected based on evidence showing osteophytosis within one year of her separation from active duty. The hysterectomy was found to be elective rather than medically necessary.

The Board has granted a 20 percent rating for the right knee disability, finding that it meets the criteria under DC 5258 based on meniscal tears and effusion. The other issues of service connection have been addressed.

The Board is reopening the claim for service connection for a cervical spine disorder on the basis of new and material evidence. However, it is remanding this claim and the claim for a rating higher than 40 percent for the low back disability to the RO for further development.

The Board has determined that the Veteran's cervical spine disorder was not incurred or aggravated during active service and cannot be presumed to have been incurred due to exposure to environmental factors. The claim is denied.

The Board has granted service connection for the Veteran's right thumb sprain and right Achilles tendonitis, but denied a compensable rating for his cervical spine disability. The Veteran's residuals of cervical spine with degenerative joint disease are rated as 10 percent disabling.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is in equipoise to warrant a finding that these conditions are etiologically related to service. The Veteran's back/neck disorder and peripheral neuropathy of the upper extremities (claimed as carpal tunnel syndrome) require further development.

The Board has determined that additional substantive development is necessary prior to further appellate review of the claims for service connection for low back and cervical spine (originally claimed as a neck disorder), Achilles tendonitis of both ankles, and sinusitis.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining records from SSA, VA treatment records, and any relevant service treatment records. The Veteran will be provided with a cardiology examination to determine if his coronary artery disease began during service or is related to service. He will also be afforded orthopedic examinations for his right and left knee disabilities as well as his neck disability.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The claims will be reconsidered based on the new evidence.

The Board denied the Veteran's claims of entitlement to increased ratings for cervical and thoracic strains, left atypical musculoskeletal chest pain, TDIU based on service-connected disabilities, and service connection for PTSD. The Board found that there was no credible supporting evidence for the claimed in-service stressor related to a device allegedly implanted during dental treatment.

The Board has determined that the Veteran's currently diagnosed lumbar and cervical spine disabilities are etiologically related to incidents of his military service, granting his claims for service connection.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Board denied reopening the claim of service connection for tremors of the lower extremities and denied entitlement to service connection for residuals of a cervical discectomy with radiculopathy of the upper right extremity. The Veteran's leg trembling was potentially related to frostbite sustained during military service, but no additional medical evidence has been provided to establish an etiological link.

The Veteran's claim for nonservice-connected pension is being remanded due to the need for additional development, including obtaining private medical records and VA treatment records. The Veteran will also undergo a VA examination to determine the severity of his disabilities.

The Board has determined that additional development is necessary to determine the etiology of the Veteran's cervical spine disability and whether his current weakness is secondary to his service-connected cervical spine condition. The case will be remanded for further action.

The Veteran's claims for increased disability ratings and service connection have been remanded due to further due process consideration.

The Board found no credible evidence of a neck injury in service, and thus denied the Veteran's claim for service connection for a herniated cervical disc with spinal canal stenosis. Similarly, there was insufficient evidence to establish a link between the lumbar spine disorder and service.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for cervical spine disability, discogenic disease of the thoracic spine, trapezius muscle disability, and headaches (migraine).