Neck / cervical spine decisions — 2012

The Board has determined that the Veteran's PTSD is due to a verified in-service stressor, specifically an assault by his drill instructor during basic training. As such, service connection for PTSD is granted.

The Veteran's claims for higher initial ratings and earlier effective dates are denied. The RO has scheduled her for VA examinations to determine the current severity of her disabilities.,An effective date of August 8, 2005, is assigned for the awards of service connection for arthritis of the cervical spine, arthritis of the right shoulder, and hiatal hernia, gastroesophageal reflux disease (GERD), gastroparesis, and cholecystitis.

The Veteran's initial ratings for cervical and lumbar spine degenerative disc disease, as well as his head injury with possible skull fracture, have been granted. The highest available rating of 30 percent has been assigned for the cervical spine condition, while a 40 percent rating is assigned for the lumbar spine condition.

The Veteran's claims for low back and neck disabilities are being remanded due to the need for additional medical records and examinations.

The Board has determined that the Veteran's cervical spine disability warrants a rating of 20 percent, effective from June 9, 2003.

The Board has determined that the Veteran's current cervical spine and lumbar spine disabilities are not service-connected, as there is no credible evidence linking these conditions to his active military service or any service-connected disability.

The Board has remanded the case for further development due to incomplete records, including Social Security Administration (SSA) disability benefits records.

The Board has determined that the Veteran's cervical spine disability was not incurred or aggravated by service and is not related to her service-connected status postoperative laminectomy foramintomy and partial discectomy for herniated nucleus pulosus, L5-S1. As a result, the claim for service connection for cervical spine disability is denied.

The Veteran is granted an initial evaluation of 20 percent for degenerative disc disease of the cervical spine with history of left trapezius strain, effective from December 20, 2004.,A separate 10 percent rating is granted for radiculopathy of the left upper extremity, effective from February 8, 2010. A separate 10 percent rating is also granted for radiculopathy of the right lower extremity and left lower extremity, both effective from November 2, 2008.

The Board finds that the Veteran does not have a cervical spine disorder, presently manifested by DDD, due to disease or injury that was incurred in or aggravated by active service.

The Veteran's service-connected disabilities rendered him unemployable from January 23, 2007 to September 30, 2008.

The Board has determined that additional information and development are needed to properly adjudicate the Veteran's claims, including verification of her service dates and obtaining all pertinent treatment records.

The May 1996 rating decision denied service connection for a neck disability. The Veteran's claim was not appealed, and no new and material evidence was submitted during the appeal period. The current claims are being reopened due to new evidence submitted since the May 1996 decision.

The Veteran's appeal is remanded for further development, including additional examinations and translation of Spanish documents. The issues include a higher rating for a skin disorder and service connection for a respiratory disorder and cervical spine disorder.

The Veteran's claim for an increased rating for his cervical spine disability has been denied as the evidence does not show forward flexion of the cervical spine to 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's claims for service connection for a cervical spine disorder, low back disorder, and chronic fatigue syndrome (CFS) are being remanded due to the need for additional medical examinations and opinions.

The Board found no evidence of a cervical spine disability in service or within one year post-service, and denied the Veteran's claim for service connection. The respiratory disability issue is pending as it relates to exposure to asbestos.

The Board finds that the Veteran's thoracic outlet syndrome affecting the right upper extremity had onset in service and is therefore granted service connection.

The Veteran's appeal was dismissed due to the death of the appellant.

The Board has determined that further development is needed to obtain worker's compensation records from Texas and Missouri, as well as any pertinent private treatment records. The Veteran's cervical spine disability claim will be remanded for these additional actions.