Neck / cervical spine decisions — 2013

The Board found that the Veteran's lumbar, thoracic and cervical spine disability did not meet the criteria for service connection as it was preexisting and did not worsen during active duty.

The Veteran's appeal is being remanded due to deficiencies in the VA examinations and lack of a specific EMG study. The case will be reconsidered after these issues are addressed.

The Board has remanded the case due to inadequate VA examinations and further development is required.

The Board has ordered the Veteran's case to be remanded for additional development, including a VA examination and review of her claims file.

The Veteran is seeking service connection for a cervical spine disability on both direct and secondary bases. The case has been remanded due to the need for additional development, including obtaining VA treatment records and providing an addendum opinion regarding the etiology of his cervical spine disorder.

The Board has remanded the Veteran's claims for additional development and adjudicative action due to missing VA outpatient treatment records.

The Board has granted service connection for Chronic Fatigue Syndrome and a cervical spine disorder, finding that the Veteran's symptoms are related to his military service. The claims for hearing loss disability, vestibular disorder/dizziness, and speech impairment have been remanded due to inadequate examination reports.

The Board found no evidence of thoracic outlet syndrome or left carpal tunnel syndrome during service and denied the Veteran's claims for these conditions. The cervical spine disability claim was also denied as there is no direct evidence linking it to service.

The Board found that the Veteran's current low back and neck disabilities are not related to service or his service-connected bilateral foot disability.

The Board has determined that the Veteran's cervical spine disability began during his period of service and is therefore granted service connection.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling examinations to assess the severity of his lumbar and cervical spine disorders as well as his PTSD. The TDIU claim will also be deferred until these issues are resolved.

The Board denied the Veteran's claim of entitlement to service connection for arthritis of the cervical and thoracolumbar spine, finding that new and material evidence had not been received. The decision is final as it was based on a previous denial in July 1996.

The evidence does not support the Veteran's claim that his current cervical spine disorder is related to his service-connected burst compression fracture of L1, status post spinal fusion of T12-L2 with Harrington Rod placement at T11-L3.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA medical opinions regarding the nature and etiology of any lumbar spine, thoracic spine, cervical spine or shoulder disability that may be present.

The Veteran's cervical stenosis and intervertebral disc syndrome are found to be related to service, with the effective date for gout service connection being set at January 28, 2003.

The Board found that the Veteran's currently diagnosed low back, neck, right knee, left knee, and headache disabilities are not related to service. The preponderance of evidence is against a finding that these conditions were incurred or aggravated during active duty.

The Board has remanded the case for additional development, including obtaining VA treatment records from April 2012 through September 2012. The Veteran's claims for service connection for neck disability and left arm and hand numbness remain pending.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by active military service, nor may arthritis be presumed to have been so incurred or aggravated.

The Veteran's cervical spine disability was rated at 10 percent prior to January 24, 2012 and 20 percent from January 24, 2012. Right cervical radiculopathy is currently rated as 20 percent disabling.,Right cervical radiculopathy has been assigned a rating of 20 percent since July 14, 2010.

The case is being remanded for a new VA examination to determine the current severity of the appellant's service-connected thoracolumbar spinal strain, cervical spine degenerative disc disease, and neurological impairment of the left upper extremity. The appellant should also provide any additional private treatment records.