Neck / cervical spine decisions — 2011

The Board has granted service connection for a low back disorder, but denied service connection for cervical spine arthritis and hypertension.

The Veteran's claims for service connection for hepatitis C and an increased rating for cervical spine strain are being remanded due to incomplete development of his records, including personnel records from the Army National Guard. The VA will also obtain recent treatment records and complete any further development as directed.

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

The Veteran's service-connected cervical spine DDD has been rated at 20 percent since its initial grant of service connection. The RO increased the rating to 30 percent, effective from April 19, 2004.

The Board has remanded the case due to missing records from Fairbanks Memorial Hospital and other treatment records, which may be relevant to the Veteran's claims for service connection.

The Veteran's cervical spine disorder was not manifested by unfavorable ankylosis of the entire spine, by any form of paralysis, or by incapacitating episodes having a total duration of at least six weeks during any twelve month term prior to January 8, 2008. The claim for increased rating is denied.

The Board has determined that the Veteran's cervical spine DJD and DDD are related to in-service trauma, and therefore grants service connection for these conditions.

The Board denied service connection for a low back disorder and a cervical spine disorder, finding no credible evidence linking these conditions to service. The Veteran's account of falling from a helicopter during service was deemed not credible.

The Board has determined that new and material evidence has not been submitted to reopen the previously denied claims of entitlement to service connection for right foot/ankle disability, low back disability, neck disability, and headaches.

The Veteran's low back disability is found to be related to service, while his cervical spine disability does not warrant a rating higher than 10 percent.

The Board has determined that the Veteran's claimed conditions of blepharospasm and cervical dystonia/spasmodic torticollis are not service-connected, as there is no evidence showing their onset in service or association with herbicide exposure. The VA expert concluded that there was insufficient evidence to support a link between Agent Orange exposure and the Veteran's condition.

The Veteran asserts that he currently suffers from a cervical spine disorder related to an in-service injury. The Board finds the need for further examination and remands the case.

The Veteran's cervical spine strain is currently rated as 20 percent disabling. The Board has granted a 30 percent rating since January 4, 2008.

The Veteran's claim for service connection for depression was granted effective October 9, 2007. The initial ratings assigned were 40 percent for left upper extremity radiculopathy and 20 percent for degenerative joint disease of the lumbar spine.

The Board has granted service connection for cervical and lumbar spine disorders, finding that the Veteran's current diagnoses of these conditions are related to his active service.

The Board has remanded the Veteran's cervical spine disability claim for further development and to issue a Statement of the Case on his initial increased rating claim for chronic headache disability.

The Board has reopened the claims for service connection for a cervical spine disorder, tinnitus, headaches, sciatica, and ulnar nerve disorder. The Veteran's service-connected back pain syndrome with Grade 1 L5-S1 spondylolisthesis is granted an initial disability rating in excess of 30 percent.

The Board has determined that the RO failed to provide proper notice regarding new and material evidence for reopening the Veteran's previously denied service connection claim. The case is being remanded for further action.

The Veteran's service connection for a right shoulder disability has been granted and he is currently receiving a 20 percent evaluation.,His service-connected right ankle disability was initially rated as noncompensable, but an increased rating to 10 percent effective March 16, 2009, and then to 20 percent effective April 27, 2010.

The Veteran's neck disability is service-connected as it was aggravated by his second period of active duty. The claim for back disability has been reopened due to the submission of new evidence.