Neck / cervical spine decisions — 2012

The Board has reopened the Veteran's claims for service connection for a cervical spine disability and an acquired psychiatric disorder, to include PTSD and schizophrenia. However, the evidence does not establish that these conditions are related to military service.

The Board has received a withdrawal of the appeal from the Veteran, thus dismissing the case.

The Board has reopened the Veteran's claim for service connection of a cervical spine disability and finds that new and material evidence has been submitted. The issue is now remanded to determine if the Veteran's current condition is related to his active duty military service.

The Board has remanded the Veteran's claims for additional development due to outstanding VA, TRICARE, and private treatment records. The appeals are not yet decided.

The Board has determined that the Veteran's cervical spine and low back disorders are not related to his service, specifically a motor vehicle accident in 2002. The bilateral knee and foot disorders have not been linked to any aspect of his service.

The Veteran's appeal for TDIU is being remanded due to the need for additional development, including a VA examination and readjudication of his claim.

The Veteran's arthritis of the lumbar and cervical spine were not shown to be present during service or within one year thereafter, and any current diagnoses are not attributable to service.,The Veteran's bilateral shoulder disorder has no current diagnosis in the record.

The Board found that the Veteran's cervical spine disorder was not incurred in or aggravated by military service and it is not proximately due to or chronically worsened by any service-connected disability.

The Board has remanded the case for further action, including scheduling a hearing before a member of the Board.

The Veteran's appeal is being remanded to obtain additional VA treatment records and medical opinions regarding the nature of his injuries and whether timely medical attention would have been hazardous. The claims will be reconsidered based on this new evidence.

The Veteran's cervicalgia was rated at 10 percent prior to July 20, 2011 and increased to 20 percent thereafter. The Board found that the evidence did not support a higher rating for either period.

The Board denied service connection for cervical and lumbar spine disorders, finding that the Veteran's current conditions did not originate in service or within one year thereafter.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination for his head injury disability claim.

The Veteran's claim for a higher rating for migraine headaches was denied as the evidence did not show severe economic inadaptability.,The Veteran's claim for an initial rating higher than 10 percent for cervical strain with degenerative joint disease is remanded to the RO for further action.,The Veteran's claim for an effective date prior to March 21, 2008, for the grant of service connection for cervical strain with degenerative joint disease was denied as there was no evidence of a pre-existing cervical spine disability.

The Veteran's appeal is remanded due to the need for a new VA examination regarding his service-connected cervical spine disability and an evaluation of his unemployability. The issues are inextricably intertwined, so both must be addressed.

The Veteran's cervical disc disease is rated at 30 percent, reflecting favorable ankylosis. The residuals of strain of the left rhomboid muscles are not rated higher than 20 percent.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for left knee disability and neck or cervical spine disability. The claim is granted as both disabilities are found to be related to active duty.

The Veteran withdrew his appeal of the issue of entitlement to service connection for degenerative disc disease of the cervical spine (claimed as neck injury) during his October 2011 Board hearing. The remaining issues are remanded for further development.

The Board found no evidence of a nexus between the Veteran's current left knee, neck, and low back disabilities and his military service. The conditions were not shown to have had onset during service or within one year after separation from active duty.

The Veteran's appeal is being remanded for additional development, including scheduling of new VA examinations to determine the etiology and severity of her cervical spine disability and service-connected thoracolumbar spine disability.