Neck / cervical spine decisions — 2011

The Board has determined that the Veteran's current cervical spine disorder (disc disease) had its onset during service and is therefore granted service connection.

The Veteran's appeal has been dismissed as he withdrew his appeal through his authorized representative.

The Board has not made a determination on the service connection for cervical spine, DDD due to conflicting medical opinions. The right shoulder disorder claim is denied as there is no current diagnosis.

The Board found no clear and unmistakable error in the July 1979 rating decision that reduced the Veteran's low back strain and cervical strain ratings from 10% to 0%. The decision concluded that the reduction was proper based on the Veteran's failure to report for scheduled VA examinations.

The Board has remanded the case due to failure to comply with previous instructions and lack of etiology opinion. The Veteran's claim for service connection is still pending.

The Board has remanded the case for further development, including obtaining additional service personnel and treatment records to verify the appellant's periods of service and any diseases or injuries sustained in the line of duty. The Veteran's claims for service connection for low back disorder and cervical spine disorder will be reviewed based on the newly obtained evidence.

The Veteran's cervical strain is not related to his military service or the service-connected thoracolumbar strain. The Veteran's low back disorder has not been manifested by disability equating to limitation of flexion of the thoracolumbar spine to 30 degrees or less.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes was denied, as his disability did not meet the criteria for a higher evaluation. The claims for service connection of cervical spine and left arm/shoulder disabilities were also denied.

The Board has granted service connection for degenerative joint disease of the lumbar spine, degenerative joint disease of the cervical spine, headaches, and a disorder manifested as chest pains.

The Veteran's claim for an increased evaluation for his service-connected cervical strain is being remanded to allow for further development, including a VA examination.

The Veteran's cervical spine disability was initially rated at 10 percent prior to June 25, 2007 and increased to 20 percent from that date. The rating is based on the severity of his symptoms and physical examination findings.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining relevant medical records and conducting a VA examination.

The Board finds that the Veteran's cervical spine disability was not incurred or aggravated during service and is not related to his service-connected lumbar spine disability. The Veteran's current cervical spine disability has been evaluated based on its direct relationship to his active service.

The Board has granted the Veteran's claims for service connection for degenerative changes of the cervical, thoracic and lumbar spine and hypertension.

The Veteran's cervical spine arthritis was found to be incurred in service and granted for accrued benefits purposes. The increased rating for the left shoulder dislocation with limited abduction is also granted.

The Board found that the Veteran's current cervical and lumbar spine disorders are not related to his military service, as they are more likely due to natural degenerative changes associated with aging.

The Veteran's appeal is currently in remand status due to the need for additional examinations and development of his claims.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD, is not service-connected due to lack of evidence showing a connection between his in-service stressors and current symptoms. However, the cervical spine disorder is found to be related to an in-service injury.

The Veteran's claims for higher evaluations for his cervical spine disability were denied as the evidence did not meet the criteria for a rating greater than 10 percent for the period from July 20, 2006 to April 25, 2007 and for a rating greater than 30 percent since June 1, 2007.

The Veteran's claims for increased ratings for his service-connected cervical, thoracic and lumbosacral degenerative disc disease with radiculopathy and right shoulder condition are being remanded due to the need for additional examinations and development of medical records.