Neck / cervical spine decisions — 2013

The Veteran's claims of service connection for a back disability, residuals of head injury (including headaches and cervical spine disability), bilateral ankle disability, left eye disability, and cervical spine disability have been reopened. The Board finds that new and material evidence has been received to reopen these claims.

The Board found no evidence of a torn meniscus or chronic right knee disorder, cholecystitis, chrondromalacia, lipoma on the right shoulder, cervical spine disorder, tendonitis of the feet, or DeQuervain's tendonitis of the left hand that were incurred in service. The Veteran did not provide credible lay assertions linking these conditions to his military service.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining medical records and addressing the time period since the April 1997 rating decision.

The Veteran's service-connected disabilities, including PTSD with depressive disorder and cervical strain, have rendered him unable to secure or maintain substantially gainful employment. The VA has determined that the Veteran is unemployable due to his service-connected conditions.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and arranging for a VA examination.

The Veteran's current left side nerve damage, carpal tunnel syndrome on the left hand, and a nerve root condition secondary to cervical spondylosis were not incurred in or aggravated by active service.

The Veteran's appeal is being remanded to the RO in Denver, Colorado for further action including scheduling a videoconference hearing.

The Veteran's service connection claim for a cervical spine disability and an acquired psychiatric disorder, including adjustment disorder, is granted. The cervical spine disability was found to be due to an undiagnosed illness manifested by pain within one year of discharge.

The Board found that the Veteran's low back and neck disabilities were not incurred in or aggravated by active service, nor are they proximately due to a service-connected disability. The VA examiners opined that these conditions did not have their onset during service or are otherwise related to service.

The Veteran's neck disability is being remanded for further examination and consideration due to conflicting medical evidence.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's cervical spine disability has been rated at 20 percent since the effective date of service connection, with consideration of functional factors. The left shoulder disability is currently rated as 10 percent.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim or factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Board has remanded the Veteran's claims due to inadequate opinion in his VA examination and need for additional development of his claim.

The Board has granted service connection for a gastrointestinal disability, reopened claims for cervical spine and lumbar spine disabilities, and granted increased ratings for bilateral hearing loss and scars from a fracture to the left forearm. The Veteran's cervical spine disability claim remains pending as it was not granted.

The Veteran's appeal is being remanded for additional development of his claims, including the retrieval of recent outpatient records and authorization to obtain private treatment records. The TDIU claim will also be reconsidered.

The Veteran's cervical spine disability has not been manifested by unfavorable ankylosis of the entire cervical spine or productive of any incapacitating episodes within the past 12 months. No neurological pathology consistent with a separate neurological disability has been shown.

The Veteran is seeking service connection for various conditions, including hypertension, degenerative disc disease of the cervical spine, tinnitus, a scalp laceration scar, and PTSD. The issues include secondary service connection for hypertension, rating adjustments for PTSD, and an earlier effective date for PTSD.

The Board has granted service connection for lumbosacral and cervical strain, and the Veteran's PTSD is rated at 50 percent.

The Veteran's initial rating for cervical spondylosis was increased to 10 percent effective October 6, 2003. The current claim is about a higher initial rating of 20 percent since August 11, 2010.