Neck / cervical spine decisions — 2012

The Veteran's claims for service connection for hypertension, increased ratings for residuals of right ankle injury and myositis, and an earlier effective date for a rating increase were denied. The Veteran is not entitled to an earlier effective date than March 21, 2002, for the award of a 10 percent disability rating for his service-connected residuals of right ankle injury.

The Veteran's appeal is being remanded for additional development, including obtaining OPM disability retirement records and a VA examination to determine the combined impact of his service-connected disabilities on his ability to obtain and maintain substantially gainful employment.

The Veteran's appeals have been dismissed due to his death before a decision was made by the Board.

The Veteran's cervical spine disability was increased to a 30 percent evaluation effective March 28, 2011. Prior to this date, the disability had been rated as 10 percent.

The Board denied service connection for arthritis/degenerative disc disease of the lumbar and cervical spine, as well as a chronic back disability other than arthritis/degenerative disc disease. The Veteran's conditions are found to be not related to his military service.

The Veteran's TDIU claim is being remanded due to the need for additional examination and opinion regarding his service-connected disabilities' impact on employment, as well as clarification of whether a low back disability is proximately due to or the result of his left shoulder and/or cervical spine disabilities.

The Veteran's claims for service connection for myofascial pain syndrome, fibromyalgia, chronic fatigue syndrome, bilateral knee disability, hypertension, chronic sinusitis, and degenerative joint disease/degenerative disc disease of the cervical spine are all denied as there is no evidence of a current disability or a link to service.

The Board finds that the Veteran's service-connected lumbar spine, left sciatic neuritis, and cervical spine disabilities did not cause or contribute to his death. The conditions causing his death (septic shock and pneumonia) are not related to his service or service-connected disabilities.

The Veteran's appeal is being remanded due to the need for additional VA examinations and evaluations, as well as a new VA audiology examination. The issues of service connection for neck disorder, upper extremities disorder, and initial rating for bilateral hearing loss are pending.

The Board has determined that the Veteran's claims for earlier effective dates are denied as there is no evidence showing a claim was filed prior to April 24, 2007.

The Veteran's cervical spine disability is currently rated at 40 percent, and the Board finds no basis for a higher rating. The claim for increased ratings for headaches was remanded.

The Board has determined that the Veteran's current diagnosed cervical spine disorder is related to his service, and thus service connection for this condition is granted.

The Board found that the July 1996 rating decision, which denied reopening of a previously denied claim for service connection for a cervical spine disability, was not based on clear and unmistakable error (CUE).

The Veteran's claim for increased ratings for residuals of cervical fusion and bilateral foraminal compromise C5-C6, C6-C7, and degenerative joint disease was denied. The evidence did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Board has determined that the Veteran's cervical spine, bilateral shoulder, and bilateral knee disabilities are related to his service-connected lumbar spine disability. The claim is granted.

The Veteran has withdrawn his appeals on all issues except for the right ear hearing loss and rectal incontinence. The Board will not have jurisdiction to review these remaining issues.

The Board has granted service connection for chondromalacia of the knees, finding that the Veteran's current condition is related to his in-service diagnosis and treatment.,Service connection was denied for neck disability and bilateral shoulder disabilities due to lack of evidence linking these conditions to service.

The Board has remanded the case for a Travel Board hearing to address the issues of service connection for neck disability, left hip disability, and right big toe disability.

The Board has granted service connection for a cervical spine strain and awarded an initial compensable rating of 10% for right knee retropatellar pain syndrome beginning April 6, 2006.,Prior to April 6, 2006, the Veteran's right knee retropatellar pain syndrome was rated as noncompensable.

The Board found that the Veteran's post-operative residuals of cervical spine astrocytoma-ependymoma with Brown-Sequard's syndrome did not meet the criteria for service connection, as there was no credible evidence of a continuity of symptomatology since service and no persuasive evidence that it manifested to a compensable degree within one year following discharge from service.