Neck / cervical spine decisions — 2013

The Board vacated the January 5, 2012 decision due to the Veteran's failure to appear for a hearing and remanded the issues of CUE in the 1986 rating decision and service connection for cervical spine disability. The case is now being returned to the Board for further action.

The Board found that the Veteran's cervical spine disability did not manifest within one year of service and was not caused or aggravated by his service-connected thoracic spine nerve root irritation.

The Veteran's claims for service connection were denied as new and material evidence was not submitted to reopen the previously denied claim of an eye disability. The Board found no evidence linking any current disabilities, including a psychiatric disorder, to military service.

The Veteran's appeal has been withdrawn, thus the case is dismissed.

The Veteran's appeal is being remanded for further development of in-patient records from his active duty service.

The Board denied service connection for multiple joint disability other than bilateral hips and knees, finding that the Veteran's diagnosed conditions are not due to an undiagnosed illness or medically unexplained multisymptom illness.

The Veteran's claims are being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the Veteran's claim for a new VA examination to determine if his cervical spine disorder is related to his military service, including an in-service soft tissue injury. The Veteran must be provided another examination and notified of the need to report for the examination.

The Veteran's claims for increased ratings for osteoporosis of the cervical spine, thoracolumbar spine, left knee, and right knee were denied as there is no evidence that warrants a higher evaluation based on current symptomatology.

The Board has granted service connection for a cervical spine disability but the status of service connection for bilateral knee disability is unknown due to insufficient evidence.

The Board denied the Veteran's claims for service connection for various disabilities, finding that none were incurred or caused by his active duty service.

The Board found that the Veteran's neurological disorder of the left upper extremity, specifically carpal tunnel syndrome (CTS), is not a manifestation of his service-connected cervical spine disability. Therefore, the claim for an increased rating for this condition has been denied.

The Veteran's fibroids were granted an initial evaluation of 10 percent prior to November 23, 2012 and a 50 percent evaluation effective March 1, 2013.

The Veteran's initial claim for a higher rating for cervical spine strain was granted under 38 U.S.C. § 1151, but his secondary claim for benefits related to left arm radiculopathy and degenerative disc disease of the cervical spine was denied.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's neck disability and whether it is related to service, including his service-connected lumbar spine disability.

The Veteran's cervical spine disability is rated at 20 percent, and he has separate ratings of 20 percent for right upper extremity radiculopathy and left upper extremity radiculopathy as secondary to the service-connected cervical spine disability. The appeal is granted.

The Board found that the Veteran's cervical spine disorder was not manifested during her active military service and is not shown to be causally or etiologically related to her active military service. The claim for service connection for a cervical spine disorder is therefore denied.

The Board found that the Veteran did not incur an injury or disease involving the cervical spine during active service and that symptoms of a cervical spine disability were not chronic in service. The weight of evidence demonstrated that symptoms of a cervical spine disability have not been continuous since separation from active service, and arthritis did not manifest to a compensable degree within one year of service separation.

The Veteran's appeal is remanded for additional development, including obtaining updated VA Form 21-8940, scheduling a new VA examination to determine employment capacity due to service-connected disabilities, and obtaining relevant medical records.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his service-connected disabilities and determine if he is entitled to increased ratings.