Neck / cervical spine decisions — 2011

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional medical examination and opinion.

The Board has determined that the Veteran's cervical spine disorder is related to his active service, including as secondary to a service-connected lumbar spine disability. The claim for temporary total evaluation due to convalescence from surgery on October 16, 2006 is remanded for additional development.

The Board found new and material evidence to reopen the claim for service connection of bilateral hearing loss. However, it did not address the issues regarding cervical spine disorder and thoracic spine disorder due to a remand order.

The Veteran's claim for service connection for degenerative joint disease of the left hand has been denied as there is no current disability. The issue of an increased rating for prostatitis remains unresolved.

The case is being remanded due to the failure of the originating agency to separately evaluate and assign a percentage rating for each diagnosed disability, including irritable bowel syndrome, right wrist strain with mild degenerative changes, cervical spine with degenerative changes, thoracic spine with moderate dorsal kyphosis and mild chronic compressions, and lumbar spine with degenerative changes. The Veteran's pension claim is also being remanded.

The VA determined that the Veteran's current neck disability, including degenerative disc disease and degenerative joint disease of the cervical spine, was not incurred or aggravated during his period of active service. The Board found no evidence linking the current condition to any in-service injury or event.

The Board has granted service connection for cervical spine stenosis, finding that the Veteran's current condition is related to his in-service symptoms and treatment.

The Board has remanded the case for additional development due to inadequate VA examinations and other issues.

The Board has granted service connection for cervical and thoracolumbar spine disabilities, finding that the Veteran's current conditions are related to his combat injuries sustained during active service.

The Board granted service connection for a cervical spine disorder, finding that the Veteran's current condition is likely due to injuries sustained during his active duty in Vietnam. The other issues of increased ratings were not addressed as they are remanded.

The Veteran's appeal is being remanded for further development, including the provision of a VA examination to assess his current cervical spine and headache disabilities.

The Veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for degenerative arthritis of the lumbar spine with herniated disc. The Veteran's low back disability is found to be directly related to his active military service, while his cervical spine disability is also found to be related to service based on a nexus between the Veteran's performance during service and his current condition.

The Board has denied the Veteran's claims for service connection for hepatitis and injuries to his back, as there is no competent evidence of current disabilities within the appeal period.

The VA Board found insufficient evidence to support a finding that the Veteran's cervical spine disorder is related to his service or secondary to his service-connected disabilities.

The Veteran's appeal for an increased evaluation of her cervical strain myositis was withdrawn prior to the Board issuing a decision. The claim for service connection for upper extremity disorders, including carpal tunnel syndrome and radiculopathy, is being remanded due to the need for additional development.

The Veteran's appeal is denied as his service-connected left ankle sprain, left shoulder strain, cervical strain, and lumbar strain do not warrant a rating in excess of the currently assigned 10 percent ratings.

The Board has reopened the Veteran's claims and finds that new and material evidence has been received to support his claims for service connection. The Veteran is entitled to a VA examination to address the etiology of any sinus disorder present, as well as a C&P examination to determine the nature and etiology of his cervical spine condition and acquired psychiatric disorder.

The Board has remanded the case for further development and examination to determine if a higher rating is warranted for cervical disc disease, including consideration of a demonstrable deformity resulting from an avulsion fracture at C-7 level.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the Veteran's cervical spine disability is related to his military service and whether it was caused or aggravated by his service-connected right shoulder disability.