Neck / cervical spine decisions — 2011

The Veteran's paraesophageal and hiatal hernia with GERD was not incurred in or aggravated by service.,There is no competent evidence linking the Veteran's current left knee condition to his active military service, nor did it manifest within one year after discharge. The low back condition also does not have a direct link to his service-connected right ankle fracture. The cervical spine disorder is not related to his jaw surgery.

The Veteran is granted service connection for aggravation of a heart disability and an initial rating in excess of 10 percent for degenerative disc disease of the cervical spine with headaches prior to November 26, 2007. From that date, he is entitled to an initial rating in excess of 20 percent.

The Veteran's claim for a cervical spine disability was initially denied in September 2003, but he was granted service connection and assigned a 10% rating effective April 22, 2003. He later requested an increased rating to 20%, which the RO granted effective April 27, 2007. The Veteran is seeking an earlier effective date for the 20% rating.

The Veteran's claims for increased evaluations and TDIU have been denied as the necessary examinations were not conducted due to the Veteran's failure to report.

The Board has ordered additional development due to the need for National Guard service records and a supplemental opinion regarding the relationship between the Veteran's spine disabilities and his military service.

The Veteran's service-connected posttraumatic stress disorder was granted an initial evaluation of 30 percent prior to September 28, 2010. The appeal for a higher rating is denied.

The Board has ordered a remand to obtain additional medical evidence and conduct another VA examination in order to determine the etiology of the Veteran's cervical spine disorder, including whether it is related to service.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a cervical spine disability. After considering all of the evidence, including testimony from the Veteran and VA examination reports, the Board finds that there is relative equipoise as to whether the Veteran's current cervical spine disability is causally related to his military service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his cervical sprain and bilateral foot disabilities.

The Veteran's service-connected cervical spine disability is currently rated at 20 percent, and his lumbar spine disability is rated at 10 percent. The Board finds that the current ratings adequately reflect the severity of these disabilities.

The Board has ordered additional development of the Veteran's claim for service connection for a neck disability, including obtaining in-patient clinical records from Long Binh Army Hospital during his period of active duty. The case is now remanded to the RO/AMC for further action.

The Veteran's cervical myositis is currently rated at 10 percent, the minimum rating available under Diagnostic Code 5237 for this condition.

The Veteran's cervical and thoracolumbar spine disabilities have been rated at 20 percent since the date of service connection, based on their impact on range of motion.

The Board has granted service connection for the Veteran's cervical spine disorder, but the right knee disorder remains in a 'mixed' status due to conflicting opinions on its etiology. The claim is remanded to obtain an opinion regarding the nature and etiology of the right knee disorder.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for a skin disorder, degenerative joint disease of the cervical spine with radiculopathy (claimed as peripheral neuropathy), and degenerative joint disease of the lumbar spine. The VA will provide an orthopedic examination and dermatological examination to determine if these conditions are related to his military service.

The Veteran's appeal is being remanded for additional development to address the adequacy of the October 2007 VA examination report and to obtain an opinion on whether his upper and lower back disorder caused or aggravated his cervical spine disorder.

The Board has granted the Veteran's claims of service connection for neck disability and bilateral shoulder disability, both secondary to his service-connected low back strain.

The Board has remanded the case due to incomplete records and the need for additional medical examinations.

The Board denied the Veteran's claims for service connection for various conditions, including a back disability, bilateral hearing loss, tinnitus, left knee disability, neck disability, peripheral neuropathy of upper and lower extremities, and right knee disability. The appeal is considered final due to the denial in March 1992.

The Veteran's residual scar from removal of lipoma from his right upper back is rated as 20 percent disabling, effective date not specified. The Board granted service connection for a cervical spine disorder (claimed as an upper back disability).