Neck / cervical spine decisions — 2011

The Board found no credible evidence of a cervical spine injury in service and denied the Veteran's claim for service connection.

The Board found that the Veteran's esophageal stricture, right shoulder disability, and cervical spine disability did not warrant ratings in excess of 30 percent.

The Veteran's depression is found to be at least as likely as not attributable to his service-connected lumbar spine disability, and he is granted service connection for this condition. The issues of service connection for a cervical spine disorder and TDIU are remanded.

The Veteran's service-connected disabilities preclude substantially gainful employment consistent with his education and occupational experience, warranting a TDIU.

The Veteran's appeal is being remanded for additional development, including VA examinations and the provision of a medical opinion regarding her migraine headaches and service-connected disabilities.

The Veteran's cervical spine disability, which included a sprain and posttraumatic arthritis, was found to warrant a rating of 20 percent beginning October 8, 2009. The disability had previously been rated at 10 percent prior to that date.

The Veteran's cervical spine injury with traumatic DJD is currently rated at 30 percent, and the evidence does not support a higher rating.

The Veteran's claims for service connection for ankle, cervical spine, and low back injuries were denied as there is no evidence of current disabilities or a nexus to service.

The Board found that the Veteran's claimed thoracolumbar and cervical spine injuries were not incurred in service, and thus denied his claims for service connection.

The Board found that the Veteran's current lumbar and cervical spine disabilities were not incurred in or aggravated by his active service. The claim for an initial rating in excess of 20 percent for residuals of a fractured left maxilla with temporomandibular joint dysfunction was also denied.

The Veteran's cervical spine disability, diagnosed as a disc osteophytes complex with stenosis, was incurred during active duty service and is granted service connection.

The Board has remanded the case due to a need for additional examination and review of evidence, including whether the Veteran's cervical spine disorder is related to service or pre-existed his military service.

The Board has reopened the claims for service connection for cervical and lumbar spine disabilities, but has remanded these claims to further develop evidence. The claim for service connection for cardiovascular disorders remains pending.

The Veteran's service-connected cervical spine disability was granted an increased rating of 30 percent for the period prior to December 18, 2009.

The Board has determined that the Veteran's residuals of valley fever are related to his military service, but there is insufficient evidence to establish a current low back disability.

The Board has remanded the case for further development, including a VA examination to address the relationship between the Veteran's service-connected lumbar spine disability and his cervical spine disability. The issue of TDIU is also deferred until this development is completed.

The Board finds that the evidence is in equipoise as to whether the appellant's current cervical spine disability, including multilevel degenerative disc disease and status post anterior diskectomy of C5 to C7, was incurred during his period of active duty. Therefore, service connection for this condition is granted.

The Veteran does not have degenerative disc disease of the cervical spine, lumbar spine, lower left extremity disability, or a left upper extremity disability that was caused or aggravated by his service. The Board finds no evidence to support these claims.

The Board found that the Veteran's bilateral flat feet had its clinical onset during his period of active service and granted service connection for this condition.

The Veteran's claims for an initial compensable rating for bilateral hearing loss, service connection for degenerative changes of the lumbar spine and cervical spine, C5-6, and service connection for fibromyalgia, diffuse idiopathic skeletal hyperostosis, and arthritis of the shoulders, knees, and wrists were denied. The Veteran did not meet the criteria for a compensable rating under the applicable VA rating schedule.