Neck / cervical spine decisions — 2013

The Board finds that the Veteran's current back disability, including diagnosed cervical and lumbar spine discogenic disease and arthritis, is not related to service.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for a hernia and cervical disc disease, brachial plexus neuropathy, and right bicipital tendonitis. As such, these claims are now reopened.

The Veteran's appeal of service connection for carpal tunnel syndrome has been withdrawn. The Board is dismissing the appeal.

The Board has remanded the claims for service connection for degenerative disc disease and radiculopathy of the cervical and lumbar spine, as well as a respiratory disorder. The Veteran's claim is being reviewed again due to new evidence submitted since previous denials.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's cervical spine disability is related to his service-connected lumbar spine disability.

The Veteran's appeal is being remanded for further development, including determining the appropriate diagnostic codes for his fibromyalgia manifestations and considering if combining separate ratings would provide a higher evaluation than the current 40 percent rating.

The Veteran's appeal is remanded due to the need for additional development, including obtaining Social Security Administration records and private treatment records. A VA examination is also needed to determine the nature and etiology of his claimed back, neck, shoulder, and headache disabilities, as well as an initial rating in excess of 50 percent for PTSD.

The Veteran's claims for service connection were denied as new and material evidence was not presented to reopen the claim of residuals of left ankle fracture. The other claims were also denied due to lack of a nexus between current disabilities and service.

The Veteran's appeal is being remanded for additional development of his records and possible VA examinations.

The Veteran's appeal is being remanded to obtain additional medical records and for further examination. The issues of increased ratings for PTSD, thoracolumbar spine disability, cervical spine disability, and right ankle disability are also being remanded.

The Board has determined that the Veteran's current diagnosis of degenerative disc disease of the lumbar spine, including residuals of cervical spine trauma and strain, is related to his military service. The claim for service connection is granted.

The Board has reopened the Veteran's claim for service connection of a cervical spine disability due to new and material evidence submitted since the last final denial.

The Veteran's claims for service connection for cervical spine disorder, left knee patellofemoral pain syndrome, and right knee patellofemoral pain syndrome have been granted. However, his requests for initial compensable evaluations for these conditions were denied.

The Veteran withdrew his appeals for increased disability evaluations for degenerative joint disease of the right shoulder and cervical spine with disc herniation prior to a decision being made.

The Board has determined that further development is needed to determine the Veteran's cervical spine disability, including whether it is related to his active duty service or a pre-existing condition aggravated by service.

The Veteran's cervical and lumbar spine disabilities have been rated based on their functional limitations, with the most recent rating decision increasing the ratings to 20 percent effective September 14, 2011.,Prior to September 14, 2011, the Veteran's cervical and lumbar spine disabilities were rated at 10 percent. As of September 14, 2011, they have been rated at 20 percent.

The Veteran's prostate disorder is not service connected as there is no evidence of a current disability. The Board finds that further examination and opinion are needed to determine the nature and etiology of his kidney stones, bilateral knee, neck, and low back disabilities.

The Veteran's service-connected urinary dysfunction residuals of cervical cancer have been rated at 40 percent since March 9, 2012. The Board finds that the criteria for a higher disability rating are not met.

The Veteran's cervical spine disability was not incurred in or aggravated by service, and arthritis may not be presumed to have been incurred therein.