Neck / cervical spine decisions — 2011

The Board denied service connection for thoracic and cervical spine disabilities, finding no current diagnoses or established link to service. The claim of reopening a low back disability was also denied.

The Board denied the Veteran's claims of service connection for left and right hip disabilities, as well as his claim for a disability of the cervical spine with headaches. The Board also remanded the issue of service connection for a disability of the thoracic spine due to lack of evidence.

The Board denied the Veteran's claims for increased ratings for his hearing loss and arthritis of the knees, but granted a non-compensable rating for his service-connected cervical spine condition. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a respiratory condition was not addressed as it is inextricably intertwined with other claims.

The Board finds that the Veteran's lumbar spine disorder is not related to service, and his cervical spine disorder was not caused or aggravated by a service-connected disability. Therefore, both conditions are denied.

The Board finds that the Veteran's claimed neck disability and cervical radiculopathy did not have their onset in service or are otherwise related to active duty. The evidence does not support a finding of chronic disabilities.

The Board found that the Veteran's cervical spine, right knee, and left knee disabilities do not warrant higher initial evaluations under the applicable rating criteria.

The Veteran's claims for increased ratings for PTSD and cervical spondylosis, as well as reopening a previously denied claim of lumbar spine disability, are being remanded due to the need for further development.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional medical examinations, consideration of new evidence, and further development.

The Veteran's cervical spine disorder is not considered to be proximately due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The Board finds that the claim for compensation under 38 U.S.C.A. § 1151 has not been met.

The Board has remanded the case due to a request for a videoconference hearing. The Veteran's claims for service connection and rating increases remain pending.

The Veteran's appeal is being remanded for additional development to determine the relationship between his current disabilities and his military service.

The Board has determined that the Veteran's low back, cervical spine, and right knee disabilities are related to his active duty service.

The Veteran's service-connected disabilities are of such severity so as to preclude substantially gainful employment, and she is therefore entitled to a TDIU rating.

The Board found that the Veteran's current cervical spine and upper extremity nerve damage did not originate during service, and thus denied service connection.

The Veteran's cervical spine disability is currently rated at 30 percent, and the Board finds that a higher rating is not warranted as there is no evidence of unfavorable ankylosis or other disabling conditions.

The Veteran's service connection claims for lumbar and cervical spine disorders were granted, with a 10% disability rating effective from August 16, 2002. The claim for hepatitis C was also granted, with a 20% disability rating effective from March 8, 2004.

The Veteran's claims for increased evaluations for service-connected prostatitis, lumbar spine disorder, and cervical spine disorder were denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Veteran's disability rating for osteoarthritis of the cervical spine was increased to 20 percent, effective from November 1, 2010.

The Veteran's appeal is remanded due to the need for additional VA examinations and consideration of outstanding treatment records. The case will be returned to the Board if further action is required.

The Board has determined that the Veteran's cervical spine disorder was not incurred or aggravated by military service and is not secondary to a service-connected disability.