Neck / cervical spine decisions — 2011

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and scheduling a VA examination to assess the severity of his service-connected right ankle, lower back, right knee, left heel spur, and cervical spine disorders.

The Board denied the Veteran's claims for service connection for diabetes, cervical spine disorder, PTSD, and an acquired psychiatric disorder. The claim for increased rating of lumbar spine disability was granted to a 40% level.

The Board has granted service connection for residuals of a back injury, degenerative joint disease and strain of the cervical and thoracic segments of the spine. The claim of secondary service connection for chronic pain disorder is REMANDED.

The Veteran withdrew her appeal for all issues except possibly service connection on the merits.

The Board has determined that the Veteran's cervical and lumbar spine disorders are not related to his military service.

The Board has determined that the Veteran's claims for service connection for a low back disorder and cervical spine disorder have been denied as new and material evidence was not submitted to reopen the previously denied claims, and there is no medical evidence showing a direct relationship between these disorders and military service or a service-connected disability.

The Board has determined that the Veteran does not have a current cervical spine disorder related to service, and thus denied his claim for service connection. For the right hip disorder, while it is secondary to a service-connected disability (PTSD), there is no direct evidence linking it to service.

The Board has remanded the case for a Travel Board hearing at the RO. The Veteran's claim of entitlement to an increased rating for cervical strain is pending.

The Board has determined that there is no evidence to support a service connection claim for degenerative disc disease of the lumbar spine or cervical spine, as the current conditions are not shown to be etiologically related to service.

The Board denied service connection for bilateral pes planus, neck disability, and back disability. The denial was based on the lack of evidence showing a link between these conditions and active service.

The Board found that the Veteran's claimed conditions were not incurred or aggravated by his active service and denied all of his claims.

The Board has granted service connection for cervical spondylosis with myelopathy, finding that the Veteran's current disability is related to an in-service injury. The issue of TDIU remains pending and will be remanded for further development.

The Board has determined that the Veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by service, and thus denied service connection for these conditions. The claim to reopen a previously denied claim of service connection for a psychiatric disability was also denied due to lack of new and material evidence.

The Board has determined that the original grant of service connection for the Veteran's disabilities was not clearly and unmistakably erroneous, thus restoring the previously severed benefits.

The Veteran's DDD and DJD of the cervical spine are currently rated at 10 percent disabling, effective March 11, 2004. The appeal for higher initial ratings is denied.

The Board denied the Veteran's claims of entitlement to service connection for residuals of a cervical spine injury, peripheral neuropathy of the bilateral hands, and bilateral pes planus as there is no competent evidence demonstrating current disabilities. The Veteran's pes planus was found to have preexisted service.

The Board has denied the Veteran's claims for service connection for hypertension and residuals of heat injury, finding no evidence that these conditions were incurred or aggravated by military service.

The Veteran's tension headaches occur at least once per month and last three to six hours, warranting a 30% disability rating. The cervical spine condition remains rated as 10%. Further development is needed for the increased rating claim.

The Veteran's cervical spine disability has been rated at 20 percent since November 3, 2006. This rating is appropriate as the evidence shows forward flexion limited to 24 degrees.

The Veteran's cervical spine disability is rated at 10 percent, and his claim for service connection for obstructive sleep apnea was denied.