Neck / cervical spine decisions — 2012

The Board has determined that the Veteran's cervical spine disability is incurred in service and granted service connection for this condition. The remaining claims of entitlement to service connection for acquired psychiatric disorder, fibromyalgia, and gastroesophageal reflux disease (GERD) are remanded for additional development.

The Veteran's appeal is being remanded for further development to determine the nature and likely etiology of his claimed disabilities, including vertigo, left knee disability, right knee disability, lumbar spine disability, cervical spine disability, left hip disability, and right hip disability.

The Board found that the Veteran does not have a current neck disability and denied her claim for service connection.

The Board has determined that the Veteran's cervical radiculopathy of the bilateral upper extremities is due to his service-connected arthritis of the cervical spine, and left ulnar neuropathy had its onset during active service. Therefore, service connection for a neurological disorder of the bilateral upper extremities is granted.

The Board denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, hip disability on secondary basis to a service-connected right knee disability, bilateral shoulder disabilities, increased rating for right knee disability, and increase in PTSD rating. The evidence did not establish new and material evidence for reopening the claim of service connection for cervical and lumbar spine disabilities.

The Veteran's service-connected major depressive disorder is rated at the highest possible evaluation of 100 percent, reflecting total occupational and social impairment. The claims for service connection for lumbar spine disorder, right knee disorder, left knee disorder, and cervical spine disorder are granted.

The Veteran's claims for service connection are being remanded due to insufficient reasoning in the previous Board decision and the need for a new VA examination.

The Board has determined that the Veteran's bilateral knee, lumbar spine, and cervical spine disabilities are not related to service. The evidence does not support a finding of in-service injury or disease for these conditions.

The Veteran's service-connected cervical spine disability and associated radiculopathy of the upper extremities have been granted increased ratings, with a maximum rating of 30 percent for his cervical spine disability as of January 17, 2008.

The Veteran's cervical spine disability is presumed to have manifested during service, and his lumbosacral strain with degenerative joint disease and spondylosis has been granted a 40 percent evaluation.

The Veteran's service-connected PTSD with insomnia and alcoholism has been rated at 50% since May 7, 2011. The Board finds that the criteria for a 70% rating have been met effective August 22, 2006.

The Veteran's claims for increased ratings for migraine headaches, cervical strain, and right shoulder sprain were denied. The Veteran's service-connected tinnitus claim is pending.

The Board has denied the Veteran's claims of service connection for neuropathy of the right and left upper extremities as secondary to his cervical spine degenerative disc disease.

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence regarding the Veteran's cervical spine disorder, bilateral esotropia, need for aid and attendance, and specially adapted housing.

The Board finds that the Veteran's current cervical spine disability, including cervical spinal pain and strain and degenerative disease, had its onset during her active military service.

The Veteran's appeal is being remanded due to inconsistencies in his employment history and the need for additional development, including a VA examination to determine if he is unemployable due to service-connected disabilities.

The Board has remanded the case for additional development due to incomplete records from the Cleveland, OH Police Department. The spine claims are currently pending and will be reconsidered after the requested information is obtained.

The Board has granted service connection for right ear hearing loss, finding that the Veteran's current mild left ear hearing loss does not meet VA disability compensation criteria and there is no evidence of a current disability related to service. Right ear hearing loss was found to be related to active duty service.

The Board has determined that the Veteran's service-connected cervical spine disability does not warrant an increased rating in excess of 20 percent, as there is no evidence of forward flexion limited to 15 degrees or less, or favorable ankylosis.

The Board found that the Veteran's cervical spine disorder is service-connected and granted service connection. For his lumbar spine condition, the Board determined there was insufficient evidence in the August 2010 VA examination report to adequately assess the degree of impairment due to degenerative disc disease.