Neck / cervical spine decisions — 2013

The Board has determined that the Veteran's low back and neck disabilities are directly related to his military service, resulting in a grant of service connection for these conditions.

The Board found that the Veteran's current cervical spine disability is not related to service and denied his claim for service connection.

The Board has determined that the Veteran's current right shoulder disability, which includes arthritis, was incurred during service and is related to his in-service right shoulder disability. The cervical spine disability is also found to be related to service.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for pectus excavatum. The appellant's current disabilities, including neck disability, pain with walking, organic brain syndrome, and cardiovascular disability, are not shown to be related to his period of active duty training (ACDUTRA).

The Veteran's initial evaluations for cervical degenerative arthritis, frozen left shoulder (minor), and frozen right shoulder (major) have been denied as they do not meet the criteria for higher ratings under the applicable rating schedule.

The Board found that the Veteran's current cervical spine disability and arthritis were not incurred in or aggravated by service, as there was no evidence of a chronic disease during service. The most competent evidence preponderates against a finding that the Veteran's current disabilities are related to his military service.

The Veteran has withdrawn his appeals for all issues, including the ratings for elevated right hemidiaphragm, cervical spine degenerative disc disease, lumbar spine disability, and neurological deficit of the sciatic nerve of the right lower extremity.

The Veteran's appeal on the issue of increased rating for lumbar spine disc herniation at L4-L5 and L5-S1 was dismissed due to his withdrawal during a hearing. The cervical spine disability claim is remanded for further action.

The Board has determined that the Veteran does not have a current thoracolumbar spine disorder or cervical spine disorder related to service. The claim for these conditions is therefore denied.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling for DJD. The Board finds that the evidence does not support a higher rating.

The Board denied the Veteran's claim of service connection for a cervical/lumbar spine disability, finding that there was no evidence showing such condition was incurred or aggravated by military service.

The Board has remanded the case due to insufficient opinions regarding service connection for arthritis of the cervical spine and an initial compensable evaluation for thoracolumbar strain prior to September 11, 2010. The Veteran's claim is being returned for further development.

The Board has determined that the Veteran's lumbar and cervical spine disorders, as well as his tinnitus, are at least as likely as not related to his active service. Service connection is granted for these conditions.

The Veteran's cervical spine disability was not incurred in or aggravated by active service, and his headaches, right leg radiculopathy, and left leg radiculopathy were not rated higher than the current assigned ratings.

The Board has remanded the case for additional development due to an incorrect address being used in sending a supplemental statement of the case.

The Board has determined that the Veteran's current cervical spine disability and residuals of head injury, including headaches and vertigo, are related to traumatic accidents during active service. The decision is based on evidence in relative equipoise.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and providing the Veteran with a new examination to assess his employability due to service-connected disabilities. The claim will also be referred to the Director of Compensation and Pension Services for consideration of an extraschedular TDIU rating.

The Board has reopened the Veteran's claims for service connection for low back disability and degenerative disc disease of the cervical spine, finding new and material evidence. The claims are now pending before the RO for further evaluation.

The Veteran's appeal for service connection on the issues of right shoulder, right knee, left knee, bilateral eye disorder, right ear hearing loss, and sinusitis has been withdrawn.

The Veteran withdrew his appeals for the issues of entitlement to a rating in excess of 50 percent for PTSD, and service connection claims for a right shoulder disability, a lumbar spine disability, a cervical spine disability, and tinnitus.