Neck / cervical spine decisions — 2012

The Board has determined that additional VCAA notice is required as the current notice did not include a list of service-connected disabilities and an explanation of the information or evidence needed to establish a disability rating and effective date.

The Board has remanded the case for additional development, including obtaining VA records and Dr. Nelson's opinion.

The Board has remanded the case due to incomplete service treatment records and requests for additional medical records. The Veteran's claims of service connection for low back and neck disabilities are pending.

The Board has remanded the case for further development, including obtaining medical records and arranging a VA examination. The Veteran's claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is being addressed.

The Veteran's claims for increased ratings were denied. The cervical spine disability is currently rated at 20 percent, and the headaches are rated at 30 percent.

The Board has ordered additional development of the Veteran's claims for service connection for low back and cervical spine disorders due to a missed VA examination. The case is now remanded for further action.

The Board has remanded the case due to insufficient opinions regarding the Veteran's cervical spine disorder, brainstem disorder, and headache disorder. The RO must obtain supplemental opinions from the VA examiners who provided the May 2012 opinions.

The Board denied the Veteran's claims for increased ratings and a total rating based on unemployability due to service-connected disabilities. The appeals were not about service connection at all, but rather focused on evaluations of existing conditions.

The Board has granted service connection for an acquired disability of the cervix, including cervical polyps and nabothian cysts as well as cervicitis. The Veteran is also granted a higher initial rating of 50 percent for migraine and tension headaches.

The Board denied reopening and granting service connection for a back disability, including DDD of lumbosacral spine and a history of cervical spine injury, as new and material evidence was not submitted.

The Board has determined that the Veteran's current cervical and lumbar spine disorders are not related to her in-service motor vehicle accidents, and therefore service connection is denied.

The Board has determined that the Veteran's claimed cervical spine, low back, bilateral upper extremity neurological, and bilateral lower extremity neurological disabilities are not related to his military service.

The Veteran's right ear hearing loss was noted at entry into service and is presumed to have existed prior to service. It was not aggravated by military service.,Left ear hearing loss was not incurred in or aggravated by active service, nor may it be presumed to have been incurred in service.,Seizure disorder was not diagnosed during the appeal period.,PTSD was not incurred in or aggravated by military service and is not considered a compensable disability for VA purposes.,Tinnitus was not related to service. Lung disability, including granulomatous disease and bilateral pulmonary nodules, was also not related to service and may not be presumed to have been incurred in service.,Thoracolumbar spine disability and cervical spine disability are addressed in the REMAND portion of this decision.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical records and conducting examinations.

The Board has denied the Veteran's claims for service connection for various conditions, including malaria, a respiratory disorder, a cervical spine disorder, neuropathy of bilateral lower extremities, right and left eye disorders, fibromyalgia and musculoskeletal pain, bilateral knee disorders, right ear hearing loss, and left ear hearing loss. The Board found that the evidence did not support these claims.

The Board has reopened the claim for service connection for a cervical spine disability and granted it, finding that new and material evidence was received to reopen the claim. The Veteran's current cervical spine disability is found to be related to an in-service motor vehicle accident.

The Veteran's degenerative arthritis of the thoracolumbar spine was not found to warrant an evaluation in excess of 10 percent prior to February 5, 2009.,From February 5, 2009, the Veteran's degenerative arthritis of the thoracolumbar spine did not meet the criteria for a higher evaluation.

The Board has remanded the claims for further development due to a change in the hearing officer and the Veteran's request for a video conference hearing.

The Veteran's claims for increased evaluations and service connection are being remanded due to inadequate examinations in the June 2008 VA joints examination.,The Veteran's claim of a temporary total disability rating is also being remanded.

The Board has ordered a remand to attempt to obtain records of hospitalization at the Nuremberg Army Hospital in Germany, where the Veteran asserts he was treated for a back injury during service. The appeal is currently pending and will be reconsidered based on any additional evidence.