Neck / cervical spine decisions — 2012

The Board denied the Veteran's claims for service connection for a breathing disability and for a rating in excess of 10 percent for her L4-L5 spondylolisthesis. The Veteran's claim for cervical spine disability is remanded.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the current severity of his service-connected disabilities.

The Veteran's initial claim for a higher rating for cervical vertigo was granted, but the effective date remains February 1, 2010.,The Veteran's appeal for an earlier effective date for his TDIU was denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The issues include seeking increased ratings for his service-connected right shoulder disability and TDIU.

The Board has determined that the Veteran's lumbar, thoracic, and cervical spine disabilities are not service-connected as they are not shown to be related to her military service.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current neck disability, as well as whether it is related to service. The Veteran's claims for increased rating and reopening previously denied claims are also remanded.

The Board has determined that additional development is needed to properly address the Veteran's claims, including obtaining service personnel records and VA treatment records. Additionally, a VA examination is required for each of his claimed disabilities.

The Board found no credible evidence of an in-service left shoulder injury and denied service connection for the claimed disabilities.

The Board has determined that further development is needed to locate the Veteran's service treatment records and obtain any relevant VA clinical records. The case will be remanded for these actions.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has determined that additional development is needed to fully and correctly adjudicate the Veteran's claims, including obtaining medical records and conducting examinations.

The Veteran's claim for an effective date prior to March 3, 2008, for a 30 percent evaluation for arthritis of the cervical spine was denied. The RO found that the evidence did not demonstrate any objectively confirmed limitation of motion or incapacitating episodes warranting such a rating prior to March 3, 2008.

The Board denied the Veteran's claims for service connection for fibromyalgia, conjunctivitis, lumbar strain and spinal degenerative arthritis, sinusitis, hypertension, bronchitis, cervical degenerative arthritis with spondylosis with right arm radiculopathy, and degenerative arthritis of the arms, wrists, and hands. The Board found that there was no evidence of these conditions during service or within one year after separation.

The Board has granted service connection for cervical spine degenerative joint disease, finding that it is etiologically related to the Veteran's service-connected lumbar spine disability. The decision also notes that there is no evidence of arthritis within one year after discharge from service and that direct service connection can be established when a current diagnosis exists.

The Board has denied the Veteran's claims for service connection for various conditions, including hypoglycemia, hypertension, cataracts, gallbladder removal, pes planus, left elbow and knee disabilities, left ankle and thigh disabilities, right knee and hip disabilities, lumbar spine and cervical spine disabilities, abnormal blood count, elevated cholesterol/triglycerides, ear pain, and rash on the back. The Board found that these conditions were not incurred or aggravated by service or due to a service-connected disability.

The Veteran's lumbosacral spine disability is rated at 60 percent, but the claim for a higher rating remains denied.,The Veteran's cervical spine disability is rated at 20 percent, and the claim for a higher rating remains denied.,The Veteran's left knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's right knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's partial avulsion of right biceps muscle is not compensable, as it approximates slight limitation of function of Muscle Group V.,The Veteran's fungal infection of the bilateral feet is rated at 10 percent, but no more. The scars are painful on examination.,The Veteran's GERD is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's migraine headaches are rated at 30 percent, and the claim for a higher rating remains denied.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to provide the Veteran with a VA examination to address the nature and etiology of his low back and neck disabilities.

The Board finds that VA properly reduced the Veteran's VA compensation following his incarceration, and therefore denies the appeal.

The Board found that the Veteran's current cervical spine and left hand disabilities were not incurred in or aggravated by his active service, nor could they be linked to a pre-existing condition. The claims for service connection are therefore denied.

The Veteran's service-connected disabilities do not render him unemployable on an extraschedular basis, as his combined rating is at least 40% and he has the ability to engage in sedentary employment.