Neck / cervical spine decisions — 2013

The Veteran's claim for an increased rating for his cervical spine disability is being remanded due to the need for additional development, including obtaining relevant medical records and confirming if he has waived review by the RO.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board has granted service connection for migraine headaches and a cervical spine disability, finding that these conditions are related to the Veteran's military service.

The Board finds that the Veteran's current back and neck disabilities are not related to his active service. The earliest clinical evidence of these conditions is from 2007, more than 49 years after separation from service.

The Board has denied the Veteran's claims for service connection for various musculoskeletal conditions, including neuropathy and radiculopathy of the lower extremities, degenerative joint disease of the right knee, left knee, cervical spine disability, bulging disc and herniation, degenerative changes of the right ankle, left ankle, and thoracic paravertebral myositis (claimed as thoracic lordosis).

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of his military personnel records.

The Veteran's cervical strain was not manifested by forward flexion less than 40 degrees or a combined range of motion less than 335 degrees, and he did not have muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. The right shoulder strain has been manifested by shoulder pain but not limited to midway between the side and shoulder level.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's cervical strain has been productive of stiffness, pain, and tenderness with a combined range of motion of 205 degrees. The condition does not meet the criteria for an initial rating in excess of 10 percent.

The Board denied service connection for chronic residuals of a motor vehicle accident affecting the Veteran's spine, shoulders, arms, and entire body as there were no chronic residuals at the time of separation from service.

The Board found that the Veteran's cervical spine disability was not caused by his injury during ACDUTRA in 1981, and thus denied service connection.

The Veteran's service-connected disabilities, including PTSD and multiple orthopedic conditions, prevent him from securing or maintaining substantially gainful employment. The Board grants TDIU.

The Board found that the Veteran's claimed thoracic or lumbosacral spine disorder, cervical spine disorder, right knee disorder, and left hand disorder are not related to service. The claims were denied as there is no evidence of a chronic condition in service or within one year after service.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including obtaining VA treatment records and information about her employment status.

The Board has determined that the Veteran's cervical spine and left shoulder disabilities are not service-connected, as there is no evidence to support a direct or secondary relationship between these conditions and his military service.

The Board found that the Veteran's right hand disorder, diagnosed as carpal tunnel syndrome and gout, was not incurred in or aggravated by service. The preponderance of evidence does not support a connection between his current symptoms and active duty.

The Veteran's claim for a TDIU was denied as her service-connected disabilities do not meet the schedular criteria, and an extra-schedular rating is also not warranted.

The Board has vacated its decision on the claims to reopen service connection for various knee and spine disabilities, as well as chronic venous insufficiency of the lower extremities. The new evidence presented since previous decisions relates to an unestablished fact necessary to substantiate these claims.,The Veteran's claim for service connection is being remanded due to the need for further development on the diabetes mellitus claim.

The Veteran's claims for neck, back, and bilateral knee disabilities are being remanded due to the need for additional development including obtaining VA medical records and providing an examination.

The Veteran's appeal for service connection for right hand disability has been withdrawn.