Neck / cervical spine decisions — 2013

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's cervical spine disability is related to his service-connected lumbar spine disability or any other cause.

The Board is remanding the Veteran's claim for a cervical spine disability to obtain additional service treatment records and SSA records, and to request private treatment records from Dr. Wilson and Drew Memorial Hospital.

The Board is remanding the claims for right knee disorder and cervical spine disorder to the RO via the Appeals Management Center (AMC) in Washington, DC due to a failure to consider new and material evidence since the last final denial of these claims.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for examinations to assess the etiology of his cervical spine disability and right shoulder disability.

The Board found that the Veteran's lumbar and cervical spine disorders are not etiologically related to active service, and thus denied the claims for service connection.

The Board found that the Veteran does not have a neck disability, to include cervical strain, that is etiologically related to service. The claim for service connection was denied.

The Veteran's cervical spine disability, right and left upper extremity radiculopathy, and posterior neck scar were all rated as per the criteria. The cervical spine disability received a 30 percent rating prior to January 16, 2013, and a 50 percent rating effective from that date.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed in a sedentary position and generates an income above the poverty threshold.

The Board has determined that the Veteran's respiratory disability, low back disability, neuropathy of the lower extremities, erectile dysfunction, bladder disability, prostate disorder (benign prostatic hypertrophy), and bilateral arm disability are not related to his military service. However, he was exposed to asbestos during service, which is presumed to be a contributing factor in causing his current respiratory disability.

The Board has determined that the Veteran's cervical spine disc herniation and arthritis are not related to service, including as secondary to a service-connected lumbar spine disability. The cardiac disorder is also not established.

The Veteran has withdrawn his appeal regarding the issues of hepatitis C, residuals of a stroke, cervical spine disability, and psychiatric disability. The Board does not have jurisdiction to decide these matters.

The Veteran's migraine headaches are productive of symptoms that more nearly resemble very frequent completely prostrating and prolonged attacks, resulting in severe economic inadaptability.

The Board has reopened the claim of service connection for a cervical spine disability. However, further development is needed to determine if the current cervical spine disability is caused by or aggravated by the service-connected left shoulder disability and to assess the severity of the Veteran's left knee disabilities.

The Veteran's appeal is being remanded for further development, including affording the Veteran VA examinations at the Ft. Collins VA Medical Center to ascertain the nature and etiology of his claimed cervical spine disorder.

The Board found no competent or credible evidence linking the Veteran's current cervical spine and knee disabilities to his service, including World War II. The claims for service connection were denied.

The Board found that the Veteran's cervical spine disability did not manifest during service or within one year of separation, and is not related to active service. As a result, the claim for service connection was denied.

The Board denied the Veteran's claims for service connection for hypertension, inguinal and cervical lymphadenopathy, GBS, and residuals of an upper respiratory infection to include COPD. The issues were remanded multiple times but ultimately denied due to lack of evidence supporting these conditions.

The Veteran's claim for service connection for pseudofolliculitis barbae is granted. The Board finds that the Veteran has a current diagnosis of pseudofolliculitis barbae and had this condition in service, thus granting service connection.

The Board has reopened the claims for service connection for right and left leg radiculopathies, chronic blood disability, cervical spine disability, thoracic spine disability, and lumbar spine disability. The Veteran's current disabilities are found to be due to his service-connected lumbar spine disability.

The Board finds that the Veteran does not have an upper extremity neurological disorder, to include peripheral neuropathy, left cervical radiculopathy, and left ulnar neuropathy, that is attributable to active duty service or was caused or made worse by a service-connected disability.