Neck / cervical spine decisions — 2013

The Board found that the Veteran's left upper extremity and cervical spine disabilities were not shown in service or for many years thereafter, and the most probative evidence fails to link these conditions to service.,The Board also determined that there was no causal connection between the Veteran's current cervical spine disability and his right ankle arthritis and sprain.

The Veteran's claims for increased ratings and a separate rating for headaches were denied. The cervical spine disability was rated as 10 percent disabling, and the headaches did not warrant a separate rating.

The Veteran's appeal is being remanded for a VA examination to assess the current severity of her cervical spine and right foot disabilities, as well as any outstanding treatment records.

The Veteran's appeal is remanded for further development, including consideration of an extraschedular rating for his cervical spine disorder and issuance of a SOC on the issue of increased disability rating for depression.

The Board finds that the Veteran does not have a current disability of his right hand or fingers, and thus, service connection is not warranted for these conditions.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent, effective March 23, 2010. The rating is denied as the evidence does not support a higher rating prior to that date.,The Veteran's service-connected cervical spine disability is currently rated at 20 percent, effective March 23, 2010. The rating is denied as the evidence does not support a higher rating prior to that date.,The Veteran's service-connected L4-5 radiculopathy of the left lower extremity is currently rated at 10 percent. The rating is denied as the evidence does not support a higher rating.

The Veteran's service connection claims for bilateral hearing loss, pes planus with plantar fasciitis, cervical strain, lumbar strain, right shoulder acromioclavicular joint hypertrophy and strain (major), and left shoulder strain (minor) were denied as there is no current evidence of a bilateral hearing loss disability as defined by VA regulations. The Veteran's service treatment records show exposure to noise during service but do not indicate the presence of a current bilateral hearing loss disability.

The appeal has been withdrawn by the appellant through his authorized representative.

The Board has granted service connection for a cervical spine disability and an increased evaluation for the residuals of a right ankle sprain, both effective from January 28, 2009.

The Board found that the Veteran did not suffer any new or additional disabilities as a result of VA treatment, and thus denied compensation under 38 U.S.C.A. § 1151 for both neck disability and mental disability.

The Veteran's appeal is being remanded for additional development to verify the nature of his service in July 1997 and to obtain a clarifying addendum opinion from the May 2013 VA examiner regarding the meaning of 'similar episodes in the past'.

The Board found that the Veteran's cervical spine disability is not related to service or a service-connected condition, and thus denied his claim.

The Board denied service connection for colon cancer, neck disability, and cervical radiculopathy. The Veteran's claims were not supported by evidence showing a direct relationship to his military service or any associated herbicide exposure.

The Veteran's claimed disabilities were not related to service and the Board denied all claims for service connection.

The Veteran's claim is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to determine the nature and etiology of his cervical spine disability.

The Veteran's claims for increased ratings and a TDIU were denied as he failed to report for scheduled examinations.

The Board finds that the Veteran does not have a current Traumatic Brain Injury or Cervical Spine Disability (neck condition) related to his active service. The evidence does not support a finding of service connection for either condition.

The Veteran's cervical spine disability has been rated at 10 percent since the grant of service connection. The current evidence does not meet the criteria for a higher rating under the General Rating Formula or IVDS Formula.

The Board found that the Veteran's cervical spine disability, including degenerative disc disease, did not originate in service or within one year of service and is not otherwise etiologically related to service.

The Board has remanded the case due to the need for additional records from SSA and VA Fayetteville.