Neck / cervical spine decisions — 2012

The Board denied service connection for lumbar spine disorder, cervical spine disorder, neurological disorder affecting the lower extremities, and right hip disorder.

The Board has remanded the case due to issues regarding service connection for a neck disability and bilateral ankle disability, including the need for additional medical opinions.

The case is being remanded for additional development, including providing the Veteran with corrected VCAA notice and an orthopedic examination of his service-connected right wrist carpal tunnel syndrome. The examiner should also provide an opinion regarding whether due solely to the Veteran's service-connected disabilities, he is precluded from all forms of substantially gainful employment.

The Board denied the Veteran's claims of service connection for cervical, thoracic and lumbar spine degenerative joint disease, left ear hearing loss disability, tinnitus, right knee chondromalacia patella prior to July 15, 2002, a rating in excess of zero percent for right knee chondromalacia patella prior to March 1, 2007, and a rating in excess of 30 percent for status post right knee arthroplasty with chondromalacia patella and degenerative joint disease prior to April 1, 2010. The effective dates were not established.

The Veteran's claims of service connection for cervical and thoracic spine disabilities are being remanded due to the need for additional development, including obtaining his VA treatment records and conducting a VA examination.

The Board has determined that the Veteran's death was caused by his service-connected psychiatric disability, bipolar disorder with depression. The cause of death was listed as probable cardiac arrhythmia due to an enlarged heart. Given the evidence, including the independent medical evaluation, which concluded that the medications prescribed for his psychiatric condition likely contributed to his death, the Board has granted service connection for the cause of death.

The Board denied the Veteran's claims for service connection for various conditions, including a right leg disorder and back disorders, as secondary to his service-connected residuals of aseptic meningitis. The decision found no evidence linking these conditions to service or service-connected disabilities.

The Veteran's GERD was found to have begun during active duty and has continued to the present, granting service connection for this condition.

The Veteran does not have a knee disability, neck disability, left shoulder disability, or acquired psychiatric disorder that were caused by his service.

The Veteran's appeal for service connection for bilateral hearing loss was dismissed due to untimely filing. The initial rating claims for left knee strain, right knee strain, degenerative disc disease of the lower back, and cervical spondylotic changes are still pending.

The Board found that the Veteran's cervical and lumbar spine disabilities, to the extent present since filing his claims, were less likely than not caused by or related to his military service, including especially his immediately preceding service during 2001 while on ACDUTRA.

The Board denied service connection for various conditions, including back injury, cervical spine injury, sleep apnea, fibromyalgia, diabetes mellitus, gastroesophageal reflux disease (GERD), chronic pain, atypical chest pain, and skin disability. The evidence did not support a causal relationship between these conditions and the Veteran's military service.

The Board found that the Veteran's right hand disability was not incurred in service and denied his claim. The cervical spine disability is presumed to have existed prior to service, but the Board also found no evidence of aggravation during service or post-service.

The Board has reopened the Veteran's claim for service connection of a cardiovascular disorder, including a psychophysiological disorder. The cervical spine disorder claim is denied.

The Board has determined that additional development is necessary prior to adjudication of the claims. The Veteran's service connection claims for hearing loss, left shoulder disorder, IBS, chronic headaches, depression, bilateral knee disorder, lumbar spine disorder, cervical spine disorder, and chronic fatigue syndrome are REMANDED.

The Veteran's claims for increased ratings and a TDIU were denied. The cervical spine disability was rated at 30 percent, the low back strain at 20 percent, and left leg L5 radiculopathy at 10 percent. The combined rating of 60 percent did not meet the minimum percentage requirements for a TDIU.

The Veteran's cervical spine disability was not caused by VA medical care, and any additional disability is due to the natural progression of his disease.

The Veteran seeks service connection for a cervical spine disorder, which he claims is related to an inservice explosion of a simulator grenade. The VA examiner found no findings compatible with a cervical spine dysfunction in the service treatment records and diagnosed a cervical spine injury with normal findings at the time of the examination. However, the May 2011 VA examiner did not address the Veteran's complaints of crepitance and stiffness in the mid-cervical area, audible noise when pulling at the skin laterally over the cervical spine, and the diagnosis of a soft tissue injury.

The Veteran's degenerative disc disease of the cervical spine was not manifested by forward flexion greater than 15 degrees but not greater than 30 degrees or a combined range of motion not greater than 170 degrees prior to November 5, 2010. As such, he is not entitled to an increased rating for this condition.

The Veteran's claim to reopen his previously denied cervical spine disability was remanded by the Board in February 2012. The case is now being returned to the RO for further development and consideration.