Neck / cervical spine decisions — 2011

The Board denied service connection for a cervical spine disability, finding that the Veteran's current condition was not incurred or aggravated by his military service.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining SSA records and a medical opinion regarding his employability.

The Veteran's service-connected lumbar and cervical spine conditions have not been found to warrant an evaluation in excess of the currently assigned 10 percent ratings. The fracture to the right fourth metacarpal has also not been found to be compensable.

The Board denied the Veteran's claims for service connection for cervical spine disorder, low back disorder, sciatica of the lower extremities, and bilateral knee, hip, and foot disabilities. The decision found that new evidence did not establish a link between these conditions and service.

The Board has reopened the Veteran's claims for service connection for degenerative disc disease and strain/sprain of the lumbar spine, cervical spine, bilateral chondromalacia patella, and sinusitis. The evidence shows that these conditions were incurred in or are related to his military service.

The Veteran's claims for additional disability of the neck and right arm are denied as there is no evidence showing that these conditions were caused by VA physical therapy.

The Veteran's appeal is being remanded to schedule a VA examination for his lumbar spine disability and cervical spine strain with peripheral radiculopathy, as well as obtain any outstanding VA treatment records. The claims will be readjudicated after these actions.

The Board has determined that the Veteran's cervical spine, right foot, left foot, right hip, and left hip conditions are not proximately due to or aggravated by his service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for an initial rating higher than 10 percent for his right knee and cervical spine disabilities to the RO via the Appeals Management Center (AMC) for additional development.

The Board has determined that the Veteran does not have a cervical spine disability, spontaneous pneumothorax, chest pain, blood vessel damage of the head, mini-strokes or transient ischemic attacks, skin disorder, or hypertension due to service. The claims are denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA audiological evaluation, and considering the new evidence received since the most recent supplemental statement of the case.

The Board has remanded the case back to the RO for further action, including scheduling a video conference hearing.

The Board has remanded the Veteran's claims of service connection for cervical spine, thoracic spine, and left shoulder disabilities due to incomplete review of her medical records.

The Board found that the Veteran's current cervical spine disability is not related to his service and denied his claim for service connection.

The Board has granted service connection for degenerative joint disease of the cervical spine and disc disease of the lumbosacral spine, as well as radiculopathy of the right upper extremity.

The Veteran is entitled to a total rating based on individual unemployability due to his service-connected disabilities, effective January 26, 2007.

The Board has determined that the issue of whether new and material evidence has been received to reopen a service connection claim for a cervical spine disability, characterized as odontoid fracture with fusion from C1 through C3, is inextricably intertwined with the issue of entitlement to service connection for an acquired psychiatric disability. As such, any Board action on the cervical spine claim at this juncture would be premature.

The Board has remanded the case to obtain additional service personnel records and VA medical center records, including those from 1973 to 1994. The Veteran's claims for service connection will be reconsidered based on this new information.

The Veteran's claim for service connection for headaches and a disorder of the penis is granted. The effective date will be determined based on the evidence provided.

The Board has dismissed the appeals for carpal tunnel syndrome, diabetes mellitus, glaucoma and cataracts, high cholesterol, and hypertension. The remaining issues of service connection for asbestosis, COPD, spurring of cervical and lumbar spine (back disorder), sleep apnea, tonsil disorder, bilateral knee arthritis with total knee replacement, right foot Achilles tendon (right foot disorder), and left foot disorder are addressed below.