Neck / cervical spine decisions — 2012

The Board has remanded the case due to the need for a VA examination and additional medical records, particularly regarding the etiology of the Veteran's cervical spine disorder.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration records. He must also be afforded a VA examination to assess the nature and extent of his cervical spine, lumbar spine, and bilateral knee disabilities.

The Board found that the Veteran's cervical spine disability is not directly related to his service, arthritis of the cervical spine was not manifested in the first year following his discharge from active duty, and the cervical spine disability is not shown to have been caused or aggravated by his service-connected low back disability.

The Board has determined that new and material evidence has not been submitted to reopen the previously denied claim of service connection for bilateral shoulder arthritis. The Veteran's claims for service connection for degenerative changes in various joints have also been denied.

The Board has determined that chronic cervical and trapezius muscle strain and degenerative disc disease of the lumbar spine had their onset during active service, granting service connection for these conditions.,Meniere's disease was incurred during active service, as it had its clinical onset in 1970.

The Board has denied the Veteran's increased rating claims for his service-connected lumbar strain and discogenic disk disease of the lumbar spine, left elbow later epicondylitis, and cervical strain and small bulging disk at C6-C7.

The Board has determined that the evidence is at least in equipoise regarding whether hypertension contributed to the Veteran's death, and thus service connection for the cause of death will be granted.

The Veteran's service-connected cervical spine disability and left elbow fracture with paresthesias rendered him unable to secure or follow a substantially gainful occupation from December 14, 1993 to August 16, 2001.

The Board found that the Veteran's lumbar spine and cervical spine disorders are not related to service, with symptoms first manifesting many years after separation from active duty.

The Veteran's claims for service connection and increased ratings were remanded due to the need for further examination. The VA examinations provided adequate findings to rate the disabilities, but no rating was assigned as the appeal is pending.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical examinations and opinions regarding his service-connected disabilities and any new disability claims.

The Board has determined that the Veteran does not have any of the claimed disabilities and finds no evidence to support a service connection claim based on exposure to herbicides.

The Board has remanded the Veteran's claims for additional development to obtain medical opinions regarding the etiology of his cervical spine and shoulder disorders, as well as any aggravation by service-connected disabilities.

The Veteran's service-connected low back disability has been granted increased ratings from August 31, 2001 to October 12, 2011. The claims for right testicle and neck disabilities remain denied.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including right ear hearing loss, impingement of a nerve (claimed as thoracic outlet syndrome and bone abnormality of the shoulder blade), dislocation of the right elbow, chronic fatigue syndrome, cervical spine disorder, and costochondritis. The decision is based on direct service connection without any presumption or secondary theory.

The Veteran's cervical spine disability has been manifested by limited range of motion, but not to a degree that would warrant an increased rating. The current 10 percent rating adequately reflects the severity of his condition.

The Board has determined that further development is needed to determine the etiology of the Veteran's cervical spine, lumbar spine, and right knee disabilities. The claims are being remanded for a VA examination and additional development.

The Veteran's claim for TDIU is being remanded due to the need for further development, including a VA examination and obtaining updated treatment records.

The Board denied service connection for PTSD, body rash, insomnia, and a left shoulder disorder. The claim for service connection for a cervical spine disorder was also denied.

The Board found that the Veteran's left wrist arthritis and cervical spine disability are related to service, granting his claims for these conditions.