Neck / cervical spine decisions — 2011

The Veteran's cervical spine disability is currently rated at 30 percent, which does not meet the criteria for a higher rating.,The Veteran's cervical radiculopathy of the left upper extremity and right upper extremity are both currently rated at 20 percent, which also do not meet the criteria for a higher rating.,The Veteran's tinea versicolor is currently rated at 30 percent, which does not meet the criteria for a higher rating.

The Veteran's appeal for a higher rate of payment in excess of 50 percent for educational assistance under Chapter 33, Title 38, United States Code was denied as she did not meet the criteria for discharge from active duty due to service-connected disability.

The Board has reopened the Veteran's previously denied claims for service connection for degenerative disc disease of the cervical spine, a left thigh disorder, and a chronic headache disorder. The evidence submitted since the previous decisions supports these claims.

The Board finds that the Veteran's current disabilities, including closed head injury, orbital and maxillary fractures, cervical vertebra fracture, thoracic spine fracture, left distal fibula fracture, left foot injuries, upper arm fracture, eye visual field impairment, hearing loss, rib fractures, pneumothorax, scapula fracture, dysphagia, sinus disease, and headaches, are not causally or etiologically related to his active service or a finding that the disabilities are proximately due to or the result of his service-connected bilateral knee disability.

The Board has determined that the Veteran's post-operative left shoulder disability and degenerative disc disease of the cervical spine, status post fusion are related to his active duty service. The respiratory disability is being remanded for further development.

The Board has remanded the claims for additional development, including obtaining SSA records and private dental treatment records. The Veteran's service connection claim for a cervical spine disorder and his secondary service connection claim for a dental disorder are being reviewed.

The Veteran's appeal has been dismissed due to his death.

The Board has reopened the Veteran's claims for service connection for degenerative discogenic disease of L4-5, L5-S1 and degenerative joint disease of the cervical spine. The case is now remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's claims for service connection are being remanded due to procedural deficiencies and the need for additional medical examination.

The Veteran's claims for service connection and higher ratings have been denied. The Board found that the evidence did not support a grant of service connection or higher ratings for most conditions, with some exceptions.

The Board denied service connection for headaches, dizziness, anxiety, high cholesterol, and a cervical spine disability. The claim for hypertension was not reopened as new and material evidence was not received.

The Board has received notification from the Appellant that he wishes to withdraw his claims for service connection for ankylosing spondylitis of the thoracolumbar and cervical spine, lateral epicondylitis of the right elbow, a right forearm injury, and degenerative arthritis of the right knee. As such, these claims are dismissed.

The Veteran's chronic lumbar and cervical strain, claimed as degenerative arthritis of the spine, did not manifest during or as a result of active military service.,The Veteran's umbilical hernia did not manifest during or as a result of active military service.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for cervical and lumbar spine disabilities, as they are not shown to be related to his military service.,For the period from October 23, 2002, to September 9, 2010, the Veteran's post-lumbar puncture headache disorder did not meet the criteria for a rating in excess of 10 percent.

The Board finds that the Veteran's cervical stenosis, post disc operative surgery, is attributable to service and grants service connection for this condition.

The Veteran's cervical spine disability is etiologically related to his active service, and the Board has granted service connection for this disability. The Veteran's thoracolumbar strain rating remains unchanged.

The Board has remanded the Veteran's claims for increased ratings for major depressive disorder and cervical disc disease due to new examinations being necessary, additional VA medical records needing to be obtained, and possible SSA records.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the Board to adjudicate the merits of this claim.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling compensation and pension examinations.

The Board has denied the Veteran's claim for service connection for a neck disability (bone destruction) as a residual of radiation therapy. The issue of tinnitus, to include as a residual of radiation therapy, remains pending.