Neck / cervical spine decisions — 2011

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge (VLJ). The claims of service connection for various disabilities are pending.

The Board has determined that the Veteran's claimed disabilities are not related to his active military service and have therefore denied these claims.

The Board has determined that further case development is required before issuance of a decision on the matters on appeal. The Veteran needs to provide VA treatment records, clarify his employment benefits related to spine conditions, and undergo updated examinations for his lumbosacral spine disorder and any newly diagnosed cervical spine condition.

The Veteran's right knee disability, bilateral hip disability, acquired psychiatric disorder, polymyalgia rheumatica, back disability, neck disability, and weight gain and obesity are not considered service-connected as they are deemed to be secondary to his service-connected left knee disabilities.

The Board denied the Veteran's claims for service connection for a disability of the cervical spine, as well as his increased rating claims for the left and right knees. The decision also noted that new evidence did not relate to an unestablished fact necessary to substantiate the claim of whether a disability of the cervical spine was incurred in or aggravated by active service.

The Veteran's appeal is being remanded due to a scheduling issue for a hearing before the Board. The case will be processed in accordance with established appellate procedure.

The Veteran's claim for an undiagnosed illness manifested by muscle or joint pains was denied as there is no objective evidence of chronic disability resulting from such symptoms.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for diabetes mellitus. However, the evidence does not relate to a disease or injury in service, thus the claim remains denied.

The Veteran's cervical spine disability, diagnosed as chronic cervical strain and cervical disc disease, was incurred in service. The Board grants service connection for this condition.

The Board has reopened the Veteran's claim for service connection of a right hip disorder and granted it, assigning a 10 percent rating effective June 1, 2006. The cervical spine disorder claim was also granted.

The Board has determined that the Veteran does not have a current disability related to service for bilateral hearing loss and tinnitus. The preponderance of evidence is against finding that these conditions had their onset or were otherwise related to service.

The Board denied the Veteran's claims of service connection for tinea pedis, low back disability, facial skin disability, neck disability, and tinnitus. The decisions were based on a lack of evidence showing continuity of symptomatology or direct link to service.

The Board has determined that the Veteran's current right shoulder rotator cuff tendonitis, upper back disorder, and residuals of a neck injury are not related to service.,There is no evidence showing these conditions were incurred or aggravated during active duty.

The Board has decided to remand the Veteran's claims for service connection due to potential aggravation of his current cervical spine, lumbar spine, and bilateral hip disabilities during Reserve duty from April 30, 2002, to March 2004. The case will be sent back to the RO for further development including a VA examination.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to schedule a VA examination. The issues of entitlement to service connection will be readjudicated after these actions.

The Board has remanded the case due to the need for additional development, including obtaining VA and private medical records, as well as SSA records. The Veteran's cervical spine disability is being examined again to determine its etiology.

The Veteran's neck disability was found to be at least 15 degrees of forward flexion, resulting in a 20% evaluation for the portion of the appeal period from August 30, 2007, to June 9, 2009.

The Board found that the Veteran's currently diagnosed bilateral ulnar nerve dysfunction and chronic neurogenic process affecting muscles innervated by bilateral S1 spinal nerve root are not etiologically related to his service-connected cervical spine disability.

The Board has decided to remand the Veteran's claims for additional development due to missing service records and unobtained Social Security Administration (SSA) records. The Veteran is also required to undergo a VA examination to determine if his current disorders are related to his military service.

The Veteran is seeking service connection for cervical spine, lumbar spine, and left shoulder/arm disabilities. The Board finds the January 2006 VA examination inadequate and remands the case to obtain an addendum from the examiner providing a medical opinion on the likelihood of these conditions being related to his active service.