Neck / cervical spine decisions — 2011

The Board has remanded the case due to a new Social Security Administration decision letter, and the Veteran's representative is advised to respond with a supplemental statement of the case.

The Board has reopened the claim for service connection for a cervical spine condition and determined that new evidence submitted by the Veteran raises a reasonable possibility of substantiating his claim. The Board also found that there is sufficient evidence to establish continuity of symptomatology from service, leading to a determination in favor of service connection.

The Veteran's claims for service connection for various conditions, including hypertension, back pain, bunions, groin disorder, diverticulum, and PTSD were denied as there was no evidence linking these conditions to his military service.

The Board has determined that the Veteran's cervical spine disorder and bilateral shoulder disorder are not service-connected, as there is no evidence of a current disability or in-service injury that could be linked to active duty.

The Board has determined that there is no current diagnosis of rheumatoid arthritis or osteoarthritis in the Veteran's neck or back, and thus service connection for these conditions cannot be granted.

The Board has reopened the claim of service connection for left knee arthritis and finds that new evidence supports this reopening. The claim of service connection for cervical spine disability remains denied.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for sleep apnea. The claims for chronic neck disability and erectile dysfunction remain denied.

The Veteran's TDIU claim is being remanded due to the inadequacy of the VA examination and the need for an addendum opinion. The examiner should consider all evidence, including the SSA finding that the Veteran lacks functional capacity for sedentary work.

The Board has determined that the Veteran's degenerative joint disease of the cervical spine does not warrant an initial rating in excess of 10 percent. The claim for service connection for a right ankle condition is also denied.

The Veteran's appeal is remanded for additional development to determine the current severity of his service-connected cervical spine disability, including any related trapezius strain and neurological symptoms. Clarification is also needed regarding the nature and etiology of the Veteran's reported occipital region pain and headaches.

The Veteran's service treatment records show he had pre-existing conditions such as allergic rhinitis and cervical strain. The VA is requested to provide a medical opinion on whether these conditions were aggravated by his military service or are related to his current disabilities.

The Board has dismissed the appeal for a compensable rating for service-connected bilateral shin splints and granted an initial disability rating of 30 percent for the Veteran's cervical spine disability.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as a matter of law because the injury occurred during his employment with VA, not in the course of any VA medical care or treatment.

The Board has found service connection for the claimed conditions, with resolution of doubt in favor of the Veteran. The criteria for secondary service connection are met.

The Veteran's neck, low back, and bilateral hip disabilities are being remanded for further development to determine their etiology.

The Veteran's appeal for higher ratings on his lumbar and cervical spine DDD, as well as left lower extremity lumbar radiculopathy, was granted. The current ratings are 40% for the lumbar spine DDD, 30% for the cervical spine DDD, and 10% for the left lower extremity lumbar radiculopathy.

The Veteran's appeal involves multiple service-connected disabilities, including back and nerve pain conditions. The RO is directed to schedule the Veteran for a VA examination to assess the current severity of his spine and nerve pain conditions. Additional treatment records are also needed.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the etiology of the Veteran's cervical spine dystonia.

The Board has determined that the Veteran does not have a current disability of the lower back and tailbone, left shoulder, or neck. The VA examiner found no chronic symptoms related to these conditions during service and did not find any current diagnoses for them. Therefore, the claims for service connection are denied.

The Board found no evidence of a cervical spine or lower back disorder that began in service and is causally related to active service, thus denying the Veteran's claims for service connection.