Neck / cervical spine decisions — 2013

The Veteran's claims for increased rating of cervical spine disability, service connection for sinusitis, and TDIU were denied. The Board found that the evidence did not support a higher rating for the cervical spine disability or service connection for sinusitis.

The Board has determined that the Veteran's cervical spine disorder was not incurred in or aggravated by service, and is not proximately due to, the result of, or aggravated by his service-connected PTSD.

The Board has determined that the Veteran does not have a current left forearm disorder, right heel injury residuals, or any of the other claimed conditions. Therefore, service connection for these conditions is denied.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Veteran's service connection claims for cervical and lumbar spine disorders are granted. The Board also dismissed the appeals for the issues of entitlement to service connection for crush injuries of the third and fourth fingers of the right hand.

The Board denied the claims of service connection for bilateral pes planus, neck disability, and back disability. The decision did not contain clear and unmistakable error.

The Board has granted service connection for athlete's foot, which represents a full grant of the benefit sought.

The Board has granted service connection for a cervical spine disorder and psychiatric disorder as secondary to disorders of the low back and cervical spine. The Veteran's claims were previously denied, but new evidence was submitted that supports these conditions.

The Veteran's claims for service connection were denied as his claimed conditions are not related to active military service or service-connected disability.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his service-connected cervical spine myositis.

The Veteran's service records do not show any diagnosed cervical spine, thoracic and lumbar spines, left shoulder, right knee, or left knee disabilities. GERD was first noted after service in August 2008. The Board finds that the Veteran did not have these conditions during service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining relevant VA treatment records and addressing a request for a hearing. The issues of service connection for kidney cancer, back disability, neck disability, and bilateral hearing loss are pending.

The Veteran's appeal for service connection for degenerative joint disease of the cervical spine has been dismissed as he withdrew his appeal prior to a decision being made.

The Board determined that the Veteran's current cervical spine disorder is not related to his military service and denied his claim for service connection.

The Veteran's service-connected cervical disc disease with radicular symptoms was initially rated at 60 percent effective June 5, 2001. The appeal is for an evaluation in excess of this rating.,From December 13, 2012, the Veteran's service-connected cervical spondylosis with degenerative disc disease and spinal stenosis (previously rated as cervical disc disease with radicular symptoms) warrants a separate evaluation of 20 percent. The right upper extremity radiculopathy is assigned a 40 percent evaluation, while the left upper extremity radiculopathy receives a 30 percent evaluation.

The Veteran's cervical spine strain with disc protrusion at C3-4 is currently rated as 30 percent disabling. The Board finds that the disability picture more nearly approximates a higher rating, but granted an increased rating of 30 percent based on the current manifestations and symptoms. Service connection for myofascial pain syndrome of the cervical spine was also granted due to its secondary nature to the service-connected cervical spine strain.

The Board finds that the Veteran's current lumbar and cervical spine disorders are not related to his active duty service. The evidence does not support a finding of in-service injury or disease.

The Board denied service connection for cervical, thoracic, and lumbar spine disorders, headaches, and urinary frequency. The Veteran's sinusitis is currently rated at 10%.

The Board has remanded the case for additional development due to inadequate discussion of continuity of symptomatology in the Veteran's cervical spine injury residuals claim.

The Board has remanded the case for additional development due to incomplete records and inextricably intertwined TDIU claim.