Neck / cervical spine decisions — 2012

The Veteran's cervical spine disability was productive of limitation of motion with pain from February 9, 2007 to August 19, 2008. There were no incapacitating episodes having a total duration of at least two weeks in a twelve-month period.

The Veteran's claim for an increased rating for his service-connected cervical spine degenerative changes is being remanded due to the need for additional development of VA treatment records.

The Veteran's service-connected right upper extremity radiculopathy is currently rated at 40 percent, effective from the date of the decision.,Before October 12, 2011, the Veteran's service-connected post-operative degenerative disc disease of the cervical spine was rated at 30 percent. Effective October 12, 2011, it is rated at 40 percent.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to address his claims of service connection for bilateral hearing loss, tinnitus, cervical spine disability, and numbness and tingling of the lower extremities.

The Veteran's claims for service connection for PTSD, depression, urinary tract infections, headaches, left foot and right foot disorders, cervical spine disorder, and thoracolumbar spine disorder were denied. The Board found that the evidence did not support a finding of in-service disease or injury resulting in any of these conditions.

The Veteran's service connection claims for cervical and lumbar spine arthritis have been denied as there is no evidence of a direct relationship to service.

The Veteran's claims for service connection for acquired psychiatric disorders, left shoulder injury, neck injury, right knee injury, and left knee injury were denied as there is no evidence of a nexus between the claimed conditions and active military service.

The Veteran's service-connected disabilities, including degenerative disc disease and degenerative joint disease of the lumbar spine, cervical spine, tinnitus, right knee disorders, and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.

The claims of service connection for a cervical spine disability, sleep apnea, and hypertension are being remanded due to incomplete records from the National Guard. The deviated nasal septum claim is denied as it does not result in obstruction of the nasal passages.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's lumbar and cervical spine disorders, including whether they are related to service. The claims will be remanded for further action.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. His claims for increased ratings for cervical spine arthritis, right shoulder rotator cuff syndrome, and bilateral hearing loss are still pending.

The Board denied service connection for back disability, including spondylosis of the lumbar spine and degenerative disc disease (DDD) of the lumbar, cervical and thoracic spine, as well as numbness of the left side. The decision was mixed, with some issues granted and others not.

The Board has determined that the Veteran's diagnosed osteoarthritis of the cervical spine and occipital headaches are not related to service, but PTSD is found to be incurred in service.

The Veteran's psychiatric disorder and cervical spine disorder are not related to his military service, but may be secondary to a service-connected disability. The Board denied the claims for these disorders.

The Board finds no evidence of a cervical spine disorder during service and the preponderance of the evidence shows that any current low back disorder is not related to active service. The Veteran's lay assertions regarding in-service injuries are found to be incredible.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability and is granting it on the basis that new and material evidence has been received. The issue now goes to determining if the current condition is related to military service.

The Veteran's claims for increased ratings for low back and cervical spine disorders are being remanded due to the need to obtain additional medical records.

The Veteran's claim for a higher rating for his service-connected cervical spine disability is being remanded due to the need for additional medical examination and consideration of new evidence.

The Veteran's cervical spine disability is rated at 20 percent prior to June 28, 2011 and increased to 30 percent beginning on that date. The left ulnar neuropathy of the upper extremity remains at a 10 percent rating.

The Veteran's cervical spine strain and lumbar spine disc herniation with radiculopathy of the left lower extremity are each rated at 30 percent, effective November 1, 2008. The Veteran's migraine headaches are rated as noncompensable.