Neck / cervical spine decisions — 2013

The Veteran's degenerative joint disease of the thoracolumbar spine and cervical spine have been rated at 10 percent, with some periods receiving higher ratings.

The Veteran's claims for service connection for various disabilities, including hearing loss and spine conditions, were denied as there was no evidence of in-service injury or disease that would support the current diagnoses.,Service connection could not be established for any of the claimed disabilities due to a lack of credible evidence linking them to service.

The Board has determined that the Veteran's cervical and bilateral shoulder disabilities were not incurred in or aggravated by service, and arthritis of these areas was not shown to be related to service.

The Veteran's service-connected migraine headaches are currently evaluated at 50 percent, but the Board has remanded to consider an extraschedular evaluation.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, as evidenced by his continued education and part-time work.

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 current evidence.

The Board has determined that there is no competent and probative evidence linking the Veteran's current right shoulder disability or cervical spine disability to service, and thus denied both claims.

The Board found that the Veteran's current neck disability, diagnosed as osteoarthritis, did not manifest within a year of service separation and is not etiologically related to service. Therefore, the claim for service connection was denied.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for back disability, neck disability, bilateral hearing loss, or kidney cancer.

The Veteran's claim for an increased rating for his service-connected cervical spine disability is being remanded due to the need for additional development, including obtaining VA treatment records and clarifying whether he has undergone surgery on his spinal condition.

The Veteran's cervical spine disability is currently rated as 30 percent disabling, the maximum rating assignable for limitation of motion. The Board finds no evidence of unfavorable ankylosis or other conditions that would warrant a higher rating.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbar spine, right shoulder, left ankle, and right ankle disabilities. The issues of entitlement to service connection for a cervical spine disorder and a right elbow disorder were also addressed but are pending on remand.

The Board found that there is no evidence showing arthritis of the cervical spine manifested within one year after service, and thus cannot be presumed. The Veteran's current degenerative joint disease was not shown to be related to his military service.

The Veteran's claim for service connection for chronic fatigue syndrome has been denied as there is no current diagnosis or symptoms of the condition. The Board finds that the evidence does not support a finding of chronic fatigue syndrome.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to June 24, 2010.

The Board found no evidence of a current cervical/gynecological condition or respiratory disease, to include COPD, and determined that the Veteran's assertions regarding in-service conditions were not supported by competent medical evidence.,Service connection was denied for both the cervical/gynecological condition and the respiratory disorder.

The Board denied the Veteran's claims for service connection for vision disorder, lumbar spine degenerative disc disease, cervical spine strain with degenerative arthritis, bilateral hearing loss, and tinnitus. The evidence did not support a finding of service connection for these conditions.

The Board found that the Veteran's claims for earlier effective dates were denied as there was no evidence of a claim prior to November 1, 2001.

The Board has remanded the case for additional development, including obtaining records from private healthcare providers and seeking reasonable efforts to obtain these records. The Veteran's claims for service connection on appeal will be readjudicated after this development.

The Veteran's service-connected cervical spine and low back disabilities have not met the criteria for higher initial disability ratings from September 26, 2003.