Neck / cervical spine decisions — 2012

The Board has reopened the Veteran's claims for service connection for degenerative joint disease of the cervical spine, left shoulder, and right shoulder. The effective dates for these disabilities are being remanded for further development.

The Veteran has degenerative disc disease of the cervical and thoracic spine that is likely attributable to his active military service, which is granted as direct service connection.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the Veteran's low back and cervical spine disorders are service-connected, as is his acquired psychiatric disorder. The cardiovascular disorder was not incurred in or aggravated by active duty.

The Board found no evidence to support the Veteran's claims for a cervical spine disorder, headaches, and a psychiatric disorder. The Veteran did not meet the criteria for service connection in any of these cases.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no evidence of a chronic disability during or within one year after service. The VA examinations did not find any link between current conditions and service.

The Board found that the Veteran does not have a currently diagnosed low back disability and denied service connection for this condition. The claim of service connection for neck disability was also denied.

The Board has determined that the Veteran's pre-existing cervical spine/shoulder muscle disability was aggravated by his military service, and thus service connection is granted.

The Veteran has withdrawn his appeal regarding the issue of service connection for a cervical spine disability, to include as secondary to schizophrenia, organic brain syndrome, and seizures. The Board dismisses this claim.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU on an extraschedular basis as his combined rating is only 30 percent, and he has not been found unable to secure or follow substantially gainful employment due solely to these conditions.

The Veteran's cervical and thoracolumbar spine disability, including degenerative disc disease with radicular symptoms to the upper and lower extremities, was not incurred in or aggravated by service. The Board found that there is no evidence of arthritis within one year of discharge from service.

The Veteran's service-connected cervical spine disability is rated at 10 percent, and the Board found no basis for a higher evaluation. The claim for TDIU was also denied.

The Veteran's cervical spondylosis, status post fusion, has not met the criteria for an evaluation in excess of 20 percent during the period on appeal. The VA determined that his disability did not warrant a higher rating based on the current evidence.

The Veteran's initial ratings for cervical spine disability were denied. The claims are remanded to the RO for further development and adjudication.

The Board denied service connection for lumbar spine degenerative disc disease, arthritis of the cervical spine, bilateral shoulder arthritis, and residuals of a head injury due to lack of evidence linking these conditions to active military service.

The Board found that the Veteran's current lumbar and cervical spine disabilities are not related to his in-service injury or symptoms, and thus denied service connection for these conditions.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for service connection for left wrist, hand, shoulder, arm, and cervical/lumbar spine disorders are denied as there is no evidence of in-service injury or disease that could be causally related to these conditions.

The Veteran's cervical spine disability is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination. The initial rating for PTSD remains under consideration.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical opinions regarding the etiology of his claimed conditions and reviewing all relevant treatment records.