Neck / cervical spine decisions — 2012

The Board has ordered a remand to obtain additional medical evidence and an examination, as well as provide the Veteran with proper notice regarding secondary service connection.

The Board found that the Veteran's current back disorder is not related to his military service and denied the claim for service connection.

The Veteran's claims for service connection for low back and neck disabilities are being remanded due to the need for additional development, including VA examinations and obtaining relevant medical records. The claim for PTSD is characterized as a psychiatric disability.

The Veteran's claims for an initial compensable evaluation for bilateral hearing loss and service connection for tinnitus were granted. However, his claims for lumbar spine disability, right knee osteoarthritis, and cervical spine disability were not supported by evidence of a nexus to active duty service.

The Veteran's claims for increased ratings for his right shoulder rotator cuff impingement, right elbow traumatic arthritis, and cervical spine degenerative disc disease are being remanded due to the need for additional development of medical records.

The Board has determined that the Veteran's service-connected disabilities, alone, do not render him unemployable. The Director of Compensation and Pension Service concluded that the Veteran was not unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Board has reopened the Veteran's claim for service connection for a cervical spine disability and left hand numbness, finding new and material evidence. The claims are now before the Board to determine if they can be granted on their merits.

The Board found no evidence to support the appellant's claims of service connection for left quadriceps strain, tension headaches, neck disability, mid-back disability, and low back disability. The claims were denied as there was not a clear preponderance of the evidence supporting these conditions.

The Board granted earlier effective dates of April 18, 2006 for the grant of service connection for chronic cervical spine strain, chronic thoracolumbar spine strain, and bilateral tinnitus, as well as the award of additional compensation for dependents. The Veteran's claims were filed on or around April 18, 2006.

The Veteran's service connection claim for residuals of a cervical spine injury was denied because the injury occurred while he was AWOL, and therefore not incurred in the line of duty.

The Veteran has withdrawn all of his appeals for increased ratings and to reopen service connection claims. As a result, the appeal is dismissed.

The Board has determined that the Veteran does not have a left shoulder disability that is attributable to military service or to a service-connected disability. The criteria for an evaluation in excess of 20 percent for recurrent dislocation, right shoulder, have not been met.

The Board has ordered a remand to obtain an addendum from the November 2010 VA examiner regarding whether the Veteran's cervical spine disability is more likely, less likely or at least as likely as not aggravated by his July 1981 ACDUTRA injury.

The Veteran's cervical dysplasia with chronic pelvic pain, status post LEEP procedure, has been rated at 30 percent since May 19, 2004. The Board found that the disability did not warrant a higher rating as her symptoms were controlled by continuous treatment.

The Board has determined that the Veteran is entitled to a 40 percent rating for his service-connected lumbar spine disability, effective from March 8, 1994. The cervical spine disability was rated at 30 percent since February 2, 2006.

The Board denied service connection for various conditions, including carcinoma of the liver, COPD, lumbar spondylosis, carpal tunnel syndrome, varicose veins, and weakness of the legs. The decision also addressed nonservice-connected pension and special monthly pension claims.

The Board denied service connection for a cervical spine disorder and denied an increased rating for the Veteran's lumbar spine disability. The appeal is now remanded to further develop the evidence.

The Board has decided to remand the Veteran's appeal due to the need for additional development, including obtaining outstanding VA treatment records and scheduling another VA orthopedic examination.

The Board has denied the Veteran's claims of service connection for a cervical spine disorder, hearing loss, and PTSD. The Veteran did not have a cervical spine disorder during his military service or as a result of it, and there is no evidence linking his current hearing loss to his military service.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his cervical spine disorder, as well as the current severity of his GERD. The Veteran will be scheduled for VA examinations to address these issues.