Neck / cervical spine decisions — 2013

The Veteran's tinnitus and cervical spine disorder are found to be incurred in service, warranting a grant of service connection.

The Board has found an inferred claim of entitlement to a TDIU and remanded the issue for further development. The case is now back with the Board for appellate consideration.

The Board has determined that the Veteran's neck disability is related to service, and thus service connection is granted.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and TDIU, as well as her issues regarding sleep disturbances. The case will be remanded for further action.

The Veteran's appeal is remanded to obtain a VA examination and additional medical records, as well as for further development of her claims for increased disability rating for cervical spine disability and left hand disabilities, and TDIU.

The Board found that the Veteran's degenerative disc disease of the cervical and lumbar spine did not have its onset during service or due to any in-service event, including ACDUTRA or INACDUTRA. The VA examiner concluded that the progression of the spinal disease was more likely related to age, genetics, non-service-connected work, and activities of daily living.

The Board has determined that the Veteran does not have a right elbow disorder that is related to his military service. The evidence shows an in-service injury, but no chronic disability was shown at separation and there are no records of ongoing symptoms or treatment for many years after service.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability and headaches due to inadequate opinions regarding the onset of these conditions during INACDUTRA.

The Veteran withdrew his appeals for service connection of right shoulder, low back, cervical spine, and left hip disabilities.

The Veteran's service-connected disabilities, including left shoulder strain, lumbar disc disease, L5-S1 radiculopathy of the left lower extremity, and other conditions, are found to preclude him from securing and following substantially gainful employment.

The Board has determined that the Veteran's cervical spine disability is at least as likely as not related to service, and thus grants service connection for a cervical spine disability.

The Veteran's degenerative joint and disc disease of the thoracolumbar spine is currently rated at 40 percent effective October 11, 2012. The Veteran's disc disease of the cervical spine remains rated at 20 percent.

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional development and consideration of in-service complaints of cervical tenderness.

The Veteran was not found unemployable due to his service-connected disabilities prior to April 28, 2004. The Director of Compensation and Pension Service determined that the nonservice-connected cervical spine condition had a significant effect on his ability to work.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records and conducting examinations to address the nature and etiology of her claimed conditions.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing at the RO in St. Louis, Missouri.

The Board has determined that the Veteran's cervical spine disability, diagnosed as degenerative joint disease with right forminal stenosis at C6-C7, was not incurred in or aggravated by active service and may not be presumed to have been incurred in or aggravated by active service.

The Board found that the Veteran's ankle/feet, back, neck, left shoulder, stomach/gastrointestinal, and psychiatric disabilities were not incurred in or aggravated by active service. The kidney disorder was determined to be pre-existing and not aggravated during service.

The Board has determined that the Veteran does not have a current diagnosis of hypertension, bilateral ankle disability, bilateral foot disability, cervical spine disability or bilateral knee disability. Therefore, service connection for these conditions is denied.

The Veteran withdrew her appeal prior to the Board's decision.