Neck / cervical spine decisions — 2012

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature and likely etiology of his claimed conditions.

The Board found that the Veteran's claimed disorders, including headaches, cervical spine disorder, lumbar spine disorder, right knee disorder, left knee disorder, right ankle disorder, and left ankle disorder, were not incurred in service. The evidence did not establish continuity of symptomatology after service.

The Veteran's service-connected disabilities, while sufficient to meet the schedular requirements for a TDIU, do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's appeal is remanded for further development, including obtaining a VA examination to assess the current nature and severity of his cervical and lumbar spine degenerative disc disease, right upper extremity radiculopathy, and chronic dermatitis.

The Board has determined that new and material evidence was not received to reopen the claims for service connection for arthritis of the hands, arms, legs, and shoulders, water blisters on the hands and feet, loose teeth and calcium knots on the inside of the jaw, injury to the chest, injury to the face with steering wheel fragments, and status post fusion of the cervical spine at C5-6 with osteoarthritis to the left arm. The claims for service connection for COPD/emphysema and knee injuries are reopened.

The Board has determined that the Veteran's service-connected PTSD caused his alcohol/drug abuse, which in turn contributed to his fatal pancreatic cancer. Therefore, service connection for cause of death is granted.

The Veteran is granted service connection for acne vulgaris and chloracne, which are presumed to be due to exposure to herbicides during service. Service connection is also granted for a cervical spine disorder, with the presumption of exposure to Agent Orange. The effective date is not specified.

The Board found no evidence of a current thoracolumbar or cervical spine disability and denied service connection for these conditions.

The Board has determined that the Veteran's neck and back disabilities are at least as likely as not caused by his service-connected right foot disability. As such, these claims have been granted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a neck disability, which is now considered secondary to his service-connected left leg disability. The Board also finds that the Veteran's current low back disability may be aggravated by his service-connected left leg disability.

The Veteran's appeals for higher initial evaluations in excess of 30 percent for his service-connected chronic cervical strain with decrease in joint space at C6-7 and left upper extremity radiculopathy have been dismissed due to the appellant's withdrawal of these claims.

The Board finds that the Veteran's claimed disabilities of the lumbar spine, cervical spine, bilateral lower extremities, and bilateral feet are not related to his military service.,The VA examiner opined that these conditions are less likely as not caused by or a result of military service.

The Veteran's claims for increased ratings for his cervical spine, lumbosacral spine, and right knee disabilities have been denied. The VA has not provided a disability rating in excess of the current assigned ratings.

The Board has ordered additional development to obtain updated VA treatment records and examine the Veteran for his claims of service connection for various joint disabilities. The case is being remanded to ensure compliance with these orders.

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

The Veteran has been shown to have a current cervical spine disorder that is related to her military service, and the Board has granted service connection for this condition.

The Board has remanded the case for further development and examination to determine if a higher rating is warranted for cervical disc disease, including consideration of any potential additional deformity due to an avulsion fracture in service.

The Board found no evidence of a low back disorder during the Veteran's first period of service and insufficient continuity of symptoms to establish a current disability. For his second period of service, there was no indication of a cervical spine disorder.

The Board has determined that the Veteran's cervical spine disability did not pre-exist his service and was not aggravated by it. The VA examiner found no evidence of a permanent aggravation of the cervical spine disorder due to service-connected low back disability.

The Board found that there was clear and unmistakable evidence showing the Veteran's cervical spine disability pre-existed service, and that any increase in severity during service did not constitute aggravation. Therefore, service connection for a cervical spine disability is denied.