Neck / cervical spine decisions — 2011

The Board has determined that the Veteran's cervical spine disorder and right-sided numbness are related to his military service, granting the claims for service connection.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing before the Board of Veterans' Appeals. The case will be returned to the RO for scheduling a new hearing.

The Board has determined that the Veteran's current cervical spine disability and headache disability were not incurred in or aggravated by his active service.

The Veteran's claims are being remanded due to his request for a hearing before the Board of Veterans' Appeals. The issues include reopening and denying service connection for low back or lumbosacral spine disorder, bilateral hearing loss, tinnitus, and neck or cervical spine disorder.

The Board has determined that the Veteran's currently diagnosed degenerative disc disease of the cervical spine, right knee disability (status post right arthroplasty), and left knee disability are related to his military service. The claims for these conditions have been granted.

The Board found that the Veteran's neck disorder, including cervical spine degenerative disc disease, was not incurred in or aggravated by active military service and could not be presumed to be due to an undiagnosed illness. The Board also determined that it was not proximately caused or aggravated by a service-connected disability.

The Board found that the Veteran's right hip, left hip, and cervical spine disorders are not related to his active service or a service-connected disability.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current left shoulder disability that was incurred or aggravated by service, and the cervical spine disability is not shown to be aggravated during service.

The Board found no evidence of a current disability related to the Veteran's service, and thus denied his claims for service connection for cervical spine disorder and thoracolumbar spine disorder.

The Board found that new and material evidence had not been submitted to reopen the Veteran's claim of entitlement to service connection for a cervical spine disability, as none of the provided evidence related to an unestablished fact necessary to substantiate the claim. The Veteran's current cervical spine disability was conceded by the RO but deemed unrelated to military service.

The Veteran's claims for various disabilities, including a neck disability and related symptoms, are being remanded due to the need for additional development of his in-patient records from service.

The Veteran's claims for service connection for degenerative disc disease of the cervical and lumbar spines, peripheral neuropathy, and skin cancer have been denied as there is no evidence linking these conditions to his active military service. The Board found that the Veteran did not serve in Vietnam or on inland waterways where he could be presumed exposed to herbicides.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by service and denied reopening of his claim.

The Veteran's appeal is being remanded due to the need for additional records and examinations. The claims will be reconsidered after these are obtained.

The Board has determined that additional development is needed on the claims of service connection for prostate cancer and depression, including obtaining VA records since June 2008.

The Board denied the Veteran's claims of entitlement to service connection for an acquired psychiatric disability, other than PTSD, and whether new and material evidence has been submitted to reopen a claim for service connection for PTSD. The case is remanded for further development.

The Veteran's claims for service connection for bilateral knee disorder, status post bilateral hip replacement, hypertension, and arthritis of the ankles, shoulders, and cervical spine with radiculopathy were denied as there is no evidence of current disabilities or a direct relationship to service.

The Board has remanded the case for further development, including scheduling a travel Board hearing at the RO. The Veteran's claims of service connection for cervical and lumbar spine disorders remain on appeal.

The Veteran's initial ratings for his spinal conditions were denied, and he was granted service connection for sleep problems. The appeal is not about service connection at all.

The Veteran's claims for neck and left ankle disabilities were denied. The lumbosacral spine disability was granted with a 40% rating, but no higher. Right knee arthritis and recurrent subluxation of the left knee were not granted increased ratings.