Neck / cervical spine decisions — 2011

Service connection was granted for left shoulder, cervical spine, and thoracolumbar spine disorders effective June 3, 1998.,The Veteran's claims were denied initially in February 1994.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder, finding no causal link to his military service.

The Board has remanded the case due to issues with representation and further development is required.

The Board found that the Veteran's substantive appeals for service connection were not timely filed, and thus denied these claims.

The Veteran's appeal for service connection for a cervical spine disability was dismissed due to his withdrawal of the appeal. The Board found that the Veteran's lumbar spine disability, diagnosed as degenerative disc disease and lumbar spondylosis, is attributable to service.

The Board has remanded the accrued benefits claims for papillary squamous cell carcinoma, degenerative joint disease of the cervical spine, right ankle disability, thyroid disability, PTSD, and depression to issue a Statement of the Case.

The Board has granted service connection for low back and neck disabilities, finding that the Veteran's current conditions are related to his active duty service. The claims for bilateral hand and fingers, wrist, and foot disabilities have been remanded due to incomplete evidence.

The Veteran's service-connected cervical and lumbar spine disabilities are currently rated at 20 percent each, but the evidence does not support a higher rating under the applicable diagnostic codes.

The Veteran's claims for service connection for respiratory condition and chronic neck disability are being remanded due to the need for additional medical examination and development of records.

The Veteran's cervical spine disability is currently rated at 20 percent, effective October 6, 2010. The Board finds that the evidence does not support a higher rating for this period.

The Board has remanded the Veteran's claims for additional development due to new evidence submitted after a previous SSOC. The Veteran will be afforded appropriate examinations and clinical testing, and his claims will be readjudicated.

The Veteran's DDD of the cervical spine has been evaluated at a 20 percent rating since January 13, 2005. The Board found that his condition does not warrant an increase in disability evaluation.

The Veteran's post-operative residuals of cervical syringomyelia, with loss of bowel control and sexual dysfunction, were not manifested by a limitation of musculoskeletal motion that approximated a rating higher than 30 percent, or by moderate to severe neurological symptomatology that approximated a rating higher than 30 percent for the period October 27, 2003, to November 16, 2010.

The Board has determined that the Veteran's original claim for service connection was received on September 16, 2002, before his discharge from service. Therefore, an effective date of October 1, 2002, is granted for the grant of service connection for multiple disabilities.

The Veteran's reactive airway disease was first manifested during service and is considered to be related to service. The Board finds that the Veteran has a current low back disability, which may have been caused by his in-service urinary tract infection. A VA examination is needed to determine the likely etiology of any current cervical spine disability.

For the entire initial rating period, resolving reasonable doubt in your favor, you are entitled to a compensable (10%) disability rating for cervical spine disability.

The Veteran's service-connected disabilities, including PTSD and multiple joint disorders, are found to be severe enough to prevent him from securing or following a substantially gainful occupation.

The Board found no credible evidence linking the Veteran's current cervical spine disability to his military service, including a reported injury in 1960 and treatment for an allergic reaction. The claim is denied.

The Veteran's claim for an effective date prior to September 26, 2003 for the award of a separate evaluation for radiculopathy of the left upper extremity is granted. Effective as of September 23, 2002, he is entitled to a separate evaluation for this condition.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.