Neck / cervical spine decisions — 2012

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran has withdrawn his appeal for an increased rating for degenerative disc disease, cervical spine.

The Veteran's Crohn's disease is currently rated as 60 percent disabling, and his cervical spine degenerative joint disease and bilateral sacroiliac joint degenerative changes are each rated at 10 percent disabling. The Veteran does not meet the criteria for a higher initial evaluation.

The Veteran's request for additional vocational rehabilitation and education training, including obtaining a Master of Business Administration degree, was denied because his prior educational accomplishments, work experience, and transferrable skills qualified him to obtain and maintain suitable employment without the need for such additional training.

The Veteran's claims were denied, with the exception of his claim for an increased rating for bilateral calluses, plantar warts, and metatarsalgia. The reduction from 30 to 10 percent was upheld.

The Veteran's service connection claims for various conditions were granted, with a disability rating of 20% for the cervical spine condition. The effective date is not specified.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for peripheral neuropathy of the hands (CTS), secondary to diabetes mellitus, type 2. The Veteran's testimony at his May 2012 hearing indicates he currently has this condition.

The Veteran withdrew his appeal for the claims of service connection for tinnitus, sprained fingers, a left third finger fracture, cervical trauma, a left groin pull, a chipped bone, left elbow, a chipped bone, right elbow, a right hamstring disability (also claimed as thigh), a left hamstring disability (also claimed as thigh), right Achilles tendon trauma; lateral ligament injury, left wrist trauma, right wrist trauma, a right hand disability, to include carpal tunnel syndrome (claimed as nerve problem and trauma), depression, chronic pain syndrome, left Achilles tendon trauma, a left hand disability, to include carpal tunnel syndrome (claimed as nerve problem and trauma), and status post right great toe fracture.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for cervical spine degenerative disc disease and torticollis. The case is REMANDED for further development, including a VA examination.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing and any other necessary development.

The Board denied the Veteran's claims for service connection for a right knee disorder and cervical spine disorder, finding that there was no evidence of in-service injury or disease resulting in current disabilities.

The Board finds that the Veteran's cervical spine disorder and left shoulder pain are related to his active service, granting service connection for both conditions.

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

The Veteran's neck disability is rated at 30 percent, effective June 19, 2008. His right shoulder disability remains rated at 20 percent. The Board has granted a higher rating for the cervical spine disability but denied an increase in the rating for the right shoulder.

The Veteran's appeal is remanded due to the need for additional medical records and a VA examination to assess his cervical spine disability, including any upper extremity radiculopathy.

The Veteran's appeal was dismissed due to the withdrawal of his claims by his authorized representative prior to a decision being made.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and cannot be presumed based on the one-year presumption for a chronic disease. The VA examiner found no link between the service-connected right hip and right knee disabilities and the cervical spine disability, nor did they find aggravation of the nonservice-connected cervical spine disability.

The Veteran's PTSD is rated at 70 percent since October 16, 2006. The effective date for this rating remains October 16, 2006.

The Board has granted service connection for a lumbar spine disability, characterized by degenerative discogenic changes with disc bulging and small disc protrusion at L4-L5 and L5-S1 and central stenosis. The Veteran's neck disability is remanded for further development.

The Board found no credible evidence of an injury to the Veteran's neck during service and concluded that there is insufficient medical evidence to support a finding of continuity of symptomatology. Therefore, the cervical spine disability was not incurred or aggravated by service.