Neck / cervical spine decisions — 2012

The Board has determined that the Veteran's cervical spine disability is not service-connected, and her claim for an increased rating for left total hip replacement was denied.

The Board has denied the Veteran's claim for service connection for cervical sprain and strain, finding that there is no current disability of the cervical spine to support a grant of service connection.

The Board granted service connection for cervical spine disability and psychiatric disorder (depression), but denied service connection for a back injury. The decision is mixed as some issues were granted while others were not.

The Board has determined that the Veteran's cervical spine disorder was incurred in service and granted service connection. The initial disability rating for the low back condition remains at 20 percent.

The Board has determined that additional development is needed before the case can be decided. The Veteran's claims for service connection for cervical and lumbar spine disorders are being remanded to allow for further action.

The Board has remanded the case for further development, including verification of service in October 2002 - January 2003 period and a comprehensive VA orthopedic examination to determine the nature and etiology of any spine disorder.

The Board finds that the Veteran's cervical spine disability, vertigo, and depression are all related to his service. The cervical spine disability is presumed to be caused by a whiplash injury sustained in service, while the vertigo and depression are linked to these disabilities.,A current head injury was not found.

The Board denied service connection for a neck disability and headaches, finding that the Veteran's current conditions were not incurred or aggravated by his active duty service.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before the Board of Veterans' Appeals.

The Veteran's nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating for pension purposes.

The Veteran's tinea pedis of the left foot is found to be etiologically related to his active service, and he is granted service connection for this disability.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a cervical spine disorder. With resolution of reasonable doubt in favor of the Veteran, it is found that his current cervical spine disorder is at least as likely as not related to his period of military service.

The Board has determined that the September 2001 rating decision denying service connection for a cervical spine disability, bilateral carpal tunnel syndrome, and a right knee disability is final. New and material evidence has not been submitted to reopen these claims.

The Board has remanded the case for additional development, including a new VA examination by an orthopedic specialist to determine if the Veteran's current cervical spine disorder is related to her service or her service-connected lumbar spine disability.

The Board denied the Veteran's claims of service connection for cervical and thoracic spine disorders, finding no evidence linking these conditions to his military service or his service-connected left knee disabilities.

The Board denied service connection for a cervical spine disorder and a respiratory disorder (claimed as due to asbestos exposure) based on the lack of evidence linking these conditions to service.

The Veteran's degenerative disc disease of the cervical spine is found to be as likely as not related to his military service, including his duties aboard submarines where he performed tasks that put strain on his neck.

The Board has reopened the claims of service connection for left shoulder, low back, and neck disabilities. However, due to conflicting evidence regarding whether these conditions pre-existed the Reserve injuries or were aggravated by them, a full VA examination is needed to determine their etiology.

The Board has determined that the Veteran's heart disorder is not due to presumed exposure to Agent Orange or other disease or injury that was incurred in or aggravated by active service, nor may any be presumed to have been incurred therein. The cervical spine disorder claim is also denied as there is no affirmative evidence to establish that the Veteran was not exposed to herbicides during his service.

The Veteran's claims of entitlement to compensation under 38 U.S.C.A. § 1151 for additional disabilities stemming from VA medical treatment in August 1998 were denied, as the evidence did not establish that VA carelessness or negligence caused his subsequent conditions.