Neck / cervical spine decisions — 2011

The Board denied the Veteran's claims for service connection for various conditions, finding that none of the claimed disabilities were incurred or aggravated by military service.

The Veteran's claims for increased ratings for cervical spine and left knee disabilities were denied. The Board found that the current manifestations of his cervical spine disability did not warrant a rating in excess of 20 percent, while those of his left knee disability did not meet criteria for a higher than 10 percent rating.

The Board denied the Veteran's claims for higher initial evaluations for his cervical spine disability and gastrointestinal disorder, finding that the criteria were not met for an increased evaluation.

The Veteran's lumbosacral herniated nucleus pulposus and cervical spine injury are currently rated at 40 percent, with a separate grant of service connection for right lower extremity radiculopathy and pain as secondary to the lumbosacral HNP. The claim is granted.

The Board found no evidence of in-service injury or disease related to the Veteran's cervical spine, shoulder, and hip disorders. The claims were denied as service connection was not established.

The Board denied all service connection claims, finding no evidence of a nexus between the claimed disabilities and active service.

The Board denied the Veteran's requests to reopen his claims for cervical spine and bilateral shoulder disabilities, finding that new and material evidence had not been submitted.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated during service and may not be presumed to have been so incurred. The thoracolumbar spine disability claim is remanded for further development.

The Board has determined that the Veteran's thoracocervical spine disability and lumbar spine disability were not incurred or aggravated during service, as they are not shown to be related to any in-service injury or event. The disabilities have also not been found to be due to a disease or injury presumed by law to have occurred during service.

The Veteran's claim for a rating in excess of 10 percent for his cervical spine disability was denied. His claim for service connection for a right shoulder disorder, which had previously been denied, is being considered de novo due to the submission of new evidence.

The Board found that the Veteran's current disabilities, including headaches, dizzy spells, and blurred vision, are not related to his service due to lack of a nexus between his in-service head trauma and these conditions. The cervical spine and lumbar spine disabilities were also not linked to his service.

The Veteran's cervical spine disability is being remanded for additional development, including obtaining National Guard medical records and scheduling a VA examination to determine the nature and etiology of his condition.

The Board denied service connection for cervical spine and shoulder disorders, finding that the Veteran's conditions were not incurred in or aggravated by active military service and are not due to his service-connected lumbar spine disability.

The Board found that the Veteran's current cervical spine disability is not etiologically related to service and denied his claim for service connection. For the right femur fracture, the case was REMANDED due to insufficient detail in the previous examination report.

The Board has remanded the case for further development, including a VA examination and medical opinion regarding the Veteran's cervical spine disability and its relationship to his service-connected thoracolumbar spine disability.

The Veteran's claim for an increased rating for his cervical spine disorder is being remanded due to the need for additional medical examination and review of records.

The Veteran's arthritis of the cervical spine is service-connected, and he has a noncompensable rating for facial numbness. The scars from his surgeries are rated at 30 percent.

The Veteran's appeals for increased ratings for degenerative disc disease of the cervical and lumbar spines have been dismissed as he has withdrawn his appeal.

The Veteran's service-connected disabilities were not continuously rated totally disabling for at least five years from the date of his separation from service, and he did not meet the requirement of being a former prisoner of war who died after September 30, 1999. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Board denied service connection for a cervical spine disorder and did not reopen the claim for lumbosacral spine disorder due to lack of evidence.