Neck / cervical spine decisions — 2011

The Board has determined that the Veteran's claims of service connection for residuals of a head injury, cervical spine injury, right foot injury, low back injury, and right shoulder disability must be remanded to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for cervical spine injury residuals. The Veteran's current cervical spine disability is related to his military service.

The Veteran's increased rating claims for cervical/dorsal strain, chondromalacia of the left knee, and tension headaches have been denied as his conditions do not meet the criteria for a higher rating under VA regulations.,Specifically, the Veteran's cervical/dorsal spine disability does not result in forward flexion limited to 30 degrees or less, with combined range of motion no greater than 170 degrees. His left knee disability does not include recurrent subluxation or lateral instability resulting in limitation of extension to 10 degrees or more. And his tension headaches do not involve prostrating attacks occurring on an average once a month over the last several months.

The Veteran's service-connected disabilities rated at 70% combined from August 18, 2006 to July 12, 2007 did not preclude him from securing or maintaining substantially gainful employment.

The Veteran's claim for service connection for a cervical spine disability is being remanded due to the need for additional development, including obtaining VA treatment records and clarifying the relationship between any current cervical spine disorder and military service.

The Veteran's claim for a compensable evaluation for residuals, status post dislocated left shoulder (minor) was granted. The effective date is not specified as the issue relates to a current disability.

The Board has determined that the Veteran's neck, bilateral shoulder and low back disabilities were not incurred or aggravated during his active military service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran is found to be unemployable due to his service-connected disabilities, and a total rating based on individual unemployability is granted.

The Veteran's appeal is being remanded for clarification of the VA examiner's diagnosis and to ensure that all necessary development has been completed.

The Board has determined that the Veteran's current cluster headaches are proximately caused by his service-connected asbestosis, specifically due to a fall in August 2001 resulting from hyperventilation.,The Board also found that the Veteran's cervical spine disability was aggravated by his service-connected asbestosis, with symptoms beginning shortly after an August 2001 fall.

The Veteran's claims for service connection for a right knee disability and a cervical spine disability were denied. The Board found that the evidence did not support a finding of permanent incapacity for self-support prior to the age of 18, and also noted that there was no indication in the service treatment records of any current right knee or cervical spine disabilities.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and SSA records. The VA will then re-evaluate the claims based on the new evidence.

The Veteran's claims for increased evaluations of his service-connected cervical strain, ankle strain, knee strain and shoulder tendonitis prior to the specified dates have been denied as there is no evidence showing that these conditions meet or approximate the criteria for a compensable evaluation.

The Board denied the Veteran's claims for service connection for low back pain, degenerative disc disease of the cervical spine at C5-C7, hepatitis B and hepatitis C, and diabetes mellitus, type II.

The Veteran's claims for an increased rating for his lumbar spine disability and service connection for a cervical spine disorder are being remanded due to the need for additional examinations.

The Veteran's claim for residuals of pneumonia, also claimed as shortness of breath, was previously denied in July 1990 and reopened by new evidence submitted since then. The low back disorder claim has been reopened but the service connection is not granted.,The low back disorder claim has been reopened with new evidence showing degenerative disc disease and facet joint disease. However, the evidence does not establish that these conditions are related to active service or any incident therein.,The left ankle strain claim was previously denied in March 1977 and reopened by new evidence submitted since then. The evidence does not show a connection between the condition and active service.,Hypertension, enlarged heart, kidney damage, right shoulder disorder, and right leg disorder claims have all been reopened with new evidence but do not establish a connection to active service or any incident therein.

The Veteran's claim is being remanded for additional development, including obtaining service treatment records and scheduling a VA examination to assess the severity of his thoracolumbar spine disability. The appeal will be reconsidered after these steps are completed.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for bilateral hearing loss, tinnitus, and a cervical spine disability. The claims are being remanded to obtain relevant records and to provide the Veteran with VA examinations.

The Veteran's appeal regarding her service-connected pelvic strain was denied. The Board found that the evidence did not meet the criteria for an initial rating in excess of 10 percent.

The Veteran's intervertebral disc syndrome of the lumbar spine is currently rated at 20 percent, and he is granted a separate compensable rating for right lower extremity radiculopathy. The left lower extremity radiculopathy remains at 10 percent.