Neck / cervical spine decisions — 2012

The Board has reopened the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a cervical spine fracture and granted it, finding that the syncopal episode causing the fracture was not reasonably foreseeable.

The Board has determined that the Veteran's left ear hearing loss had its onset during his period of service in 1991 and is therefore granted service connection. The Board found no evidence to support a finding that the Veteran's cervical spine degenerative disk disease was incurred or aggravated by service.

The Board denied the Veteran's claims for service connection and increased evaluation of his right knee disability. The Veteran appealed this decision to the Court, which vacated part of it but did not address whether new and material evidence had been received.

The Board found that the Veteran's cervical spine disability did not meet or approximate criteria for a higher rating due to ankylosis, and thus denied his claim for increased ratings. The Veteran is currently rated at 30 percent for degenerative arthritis of the cervical spine.

The Board has remanded the case due to a need to obtain clarification from a physician regarding the relationship between the Veteran's current cervical spine disability and service.

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

The Veteran's current bilateral wrist condition is service-connected, and the Board grants his appeal for this issue. The remaining issues are referred to the RO for further development.

The Board has denied the Veteran's claims of service connection for cervical, thoracic, left arm, and left ankle disorders. The Board found that there was not sufficient evidence to support these claims.

The Board has granted service connection for upper back and neck disabilities, diagnosed as scapulocostal syndrome and cervical spondylosis, respectively. The diagnoses are considered to be directly related to the Veteran's military service.

The Veteran's claims for increased evaluations of his cervical and thoracic spine disabilities were denied. The reopened claims of service connection for psoriasis and psoriatic arthritis are pending.

The Veteran's appeal has been dismissed as he withdrew his appeal for all issues before the Board.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability prior to August 29, 2006 based on insufficient evidence showing that her service-connected disabilities rendered her unable to secure and follow substantially gainful employment.

The Veteran's claims for increased evaluations for cervical disc disease with multiple disc herniations, residuals of a fracture of the L3-4 transverse process and L5-S1 disc herniation, and vasovagal syndrome were denied as there is no evidence of service connection or any other basis to support these claims.

The Veteran's claims for increased ratings and TDIU were granted, with the lumbosacral strain claim receiving staged ratings.

The Veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Veteran's appeal has been dismissed as he withdrew his appeals for the issues of entitlement to an initial rating in excess of 10 percent for degenerative disease of the cervical and lumbar spine, and entitlement to initial compensable ratings for a right ankle scar and bilateral pes planus.

The Board has remanded the case for further development, including verification of the Veteran's National Guard and Army Reserve service records.

The Veteran's claims for earlier effective dates for service connection of various joint disabilities were denied. The Board found that the earliest date entitlement arose was November 6, 1998, when the Veteran filed a claim for increased ratings and reexamination.

The Board has determined that the Veteran's service-connected herniated nucleus pulposus of the cervical spine does not warrant a disability rating in excess of 20 percent, as it does not meet the criteria for an increased rating under the applicable VA Rating Schedule.

The Board has determined that the Veteran's cervical spine disorder is incurred in service and grants service connection for this condition.