Neck / cervical spine decisions — 2012

The Veteran's service-connected cervical spine degenerative disc disease was rated at 10 percent prior to January 5, 2011 and increased to 20 percent on and after that date.

The Veteran's cervical spine arthritis was found to have become manifest within one year of separation from service, warranting presumptive service connection. Non-cervical spine arthritis was not shown until many years after service and is presumed to be unrelated to service.

The Board finds that the preponderance of the evidence indicates that the Veteran does not have a current right ear hearing loss disability. Therefore, service connection for this condition is denied.

The Veteran's appeal is being remanded to the Department of Veterans Affairs Regional Office for further review and issuance of a statement of the case (SOC) addressing certain claims, including those related to higher evaluations and earlier effective dates. The Veteran will be provided with an opportunity to address these issues in his appeals.

The Veteran's appeal for service connection for fibromyalgia, chronic fatigue syndrome (CFS), residuals of a lobectomy and pneumonia, bilateral knee disability, low back disability, and cervical spine disability has been granted. She is also awarded a TDIU based on her service-connected disabilities.

The Veteran's service-connected disabilities, including bilateral macular degeneration and major depressive disorder, have prevented him from obtaining and maintaining substantially gainful employment for the time period since January 31, 2008.

The Board found no medical evidence linking the Veteran's current cervical and lumbar spine disabilities to his service, including an acute back sprain in 1979. The VA examiner opined that there was not enough evidence to support a link between the 1979 incident and the Veteran's current conditions.

The Board found that the Veteran's current back disability was not incurred in service and denied his claims for service connection.

The Board denied the Veteran's claims for increased ratings for his cervical spine and left knee disabilities, finding that the schedular criteria did not meet the requirements for higher initial disability ratings.

The Veteran's appeal is being remanded to obtain outstanding VA treatment records and to schedule him for additional examinations. The claims will be readjudicated based on the evidence.

The Board has denied the Veteran's claims for higher initial ratings for his service-connected knee, cervical spine, and foot disabilities. The RO granted service connection for these conditions in April 2001 but did not assign any effective date as of that time.

The Board denied the Veteran's claims for service connection for chronic diarrhea, chronic fatigue, night sweats, joint pain of the cervical spine, and chronic rhinitis (claimed as respiratory problems), finding that these conditions were not incurred or aggravated by his military service.

The Board found that a cervical spine disorder was neither incurred in nor aggravated by service, and denied the Veteran's claim for service connection.

The Veteran's cervical spine disability and left shoulder disability are found to be related to service. However, the residuals of a head injury are not considered due to lack of current evidence.

The Board has determined that additional evidence is needed to adjudicate the Veteran's claims, including service treatment records and Social Security Administration (SSA) medical records. The Veteran will be provided an opportunity to submit this information.

The Board has found that the Veteran's claims for service connection for various conditions, including traumatic brain injury, left shoulder disability, right shoulder disability, cervical spine disability, sleep disorder, bilateral elbow disability, hearing loss of the left ear, tinnitus, cold weather injuries of the upper and lower extremities, are not supported by the evidence. The Board has determined that these conditions were not incurred or aggravated during service.

The Board found no evidence of a chronic lumbar or cervical spine disability during service and denied the Veteran's claims for service connection.

The Board found that the Veteran's cervical spine disorder did not have its onset in service and is not causally related to service. The claim for service connection was denied.

The Veteran's appeal is being remanded for scheduling a Board hearing at the local RO in Montgomery, Alabama.

The appellant's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring an automobile and adaptive equipment or for adaptive equipment only due to his already service-connected conditions.