Neck / cervical spine decisions — 2012

The Veteran's initial claim for a higher rating for his cervical spine disability was granted, and he is now receiving a 30 percent rating effective April 29, 2009. His claim for service connection for sleep apnea remains pending.

The Veteran's claims for increased ratings for his lumbar and cervical spine disabilities, as well as a TDIU claim, were denied by the Board. The criteria for an evaluation in excess of 10 percent for both conditions have not been met at any time during the appeal period.

The Board found that the Veteran's right shoulder, cervical spine, and low back disorders are not related to his active service or a service-connected disability. The claims of entitlement to service connection for these conditions were denied.

The Veteran's cervical spine osteoarthritis and disc disease are found to be service-connected as they developed during his military service.

The Veteran's appeal is being remanded for additional development, including obtaining service records and providing VA examinations to determine the nature and etiology of his claimed neck disability, hearing loss, and tinnitus.

The Veteran's service-connected thoracolumbar spine and cervical spine disabilities have been rated based on their current manifestations. The RO has granted initial ratings of 10 percent for each condition, effective from August 6, 1998.

The Veteran's service-connected chronic cervical strain is manifested by limited range of motion, but not to the extent that would warrant a higher rating.

The Board has determined that further development is needed to address the Veteran's claims for service connection, including obtaining additional medical opinions and potentially obtaining outstanding VA treatment records.

The Veteran's claims for service connection for various conditions, including a disability manifested by temporary memory loss and respiratory disabilities, were denied as there is no evidence of current disabilities or etiological links to his military service.

The Board has determined that the Veteran's cervical disk herniation was incurred in active service, and therefore grants service connection for residuals of a cervical spine injury.

The Veteran's service-connected degenerative arthritis of the cervical spine does not meet the criteria for a higher evaluation, as his range of motion and symptoms do not warrant an increase in disability rating.

The Veteran's claims for increased ratings and service connection were denied. The rating for low back strain with bulging discs at L4-5 and traumatic arthritis was maintained at 40 percent, but the effective date of secondary service connection for bladder dysfunction was not earlier than March 20, 1998.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board has remanded the case for additional development, including obtaining pertinent post-service treatment records and affording the Veteran an appropriate VA examination. The claim will be readjudicated after these actions are completed.

The Board has determined that there is no evidence of an acquired psychiatric disability or a neck disability during service, and the competent medical evidence does not support a finding of current disabilities related to service. Therefore, service connection for these conditions is denied.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling VA examinations to assess the severity of his cervical spine degenerative disc disease, internal hemorrhoids, inguinal hernia, and lumbosacral spine disability.

The Board dismissed the Veteran's claim for a cervical spine disability. The claims of service connection for residuals of a fractured mandible and dental trauma to the lower front teeth were denied as they are not related to service.

The Veteran's claims for service connection for a cervical spine disability and an acquired psychiatric disorder were denied. The claim for higher initial rating for low back strain was denied, but the Veteran received a compensable evaluation for osteomyelitis of the lumbar spine with septic arthritis and a noncompensable evaluation for residuals of fracture of the left ring finger. The issue of entitlement to TDIU remains pending.

The Board has ordered additional development due to the inadequacy of previous VA opinions regarding the Veteran's cervical spine degenerative spondylosis. The examiner should address whether there is clear and unmistakable evidence that the Veteran had a preexisting condition prior to service, if so, whether it was aggravated during service beyond its natural progression.