Neck / cervical spine decisions — 2014

The Veteran's appeal for an increased initial evaluation of degenerative disc disease of the cervical spine was withdrawn during a hearing. The claim for service connection of residuals of left spontaneous pneumothorax is denied as there is no evidence that it occurred due to an injury incurred or aggravated in line of duty during INACDUTRA.

The Board has granted service connection for PTSD/depression and assigned a 70% disability rating, effective July 11, 2011. The Veteran's neck/cervical spine disorder is secondary to his service-connected residuals of a head injury with headaches.

The Board has remanded the case due to a hearing scheduled but not conducted, and because the 38 U.S.C.A. § 1151 claims are inextricably intertwined with the service connection claim.

The Veteran's service-connected cervical spine disorder is manifested by pain and limited range of motion with flare-ups, during which he experiences muscle spasms and his range of motion is markedly inhibited. The Board finds that the criteria for a rating of 20 percent have been met.

The Veteran's appeal was granted for various conditions, including right and left shin splints, a low back disorder, a cervical spine disorder, GERD, and an acquired psychiatric disorder other than service-connected PTSD. The appeals were decided on the merits of the evidence presented.

The Veteran's initial disability rating for cervical spine sprain/cervical spondylosis was increased from 10% to 20% effective June 24, 2011. The current rating of 20% is maintained.

The Board denied service connection for hypertension, right wrist carpal tunnel syndrome, and left wrist carpal tunnel syndrome as secondary to the Veteran's service-connected diabetes mellitus type I.

The Board has remanded the case for further development due to missing records and additional examination.

The Veteran's low back strain has been evaluated at 10 percent disabling, and higher ratings are not warranted.,Service connection for an upper back/cervical spine condition is denied as there is no evidence of such a condition during service or due to a service-connected disability.

The Board has granted service connection for a cervical spine disability of degenerative spondylosis, finding that the Veteran's current condition is due to continuous symptoms since service separation and meeting the criteria for presumptive service connection under VA regulations.

The Board found that the appellant's cervical and lumbar spine disorders were not incurred or aggravated by service, as there was no evidence of a chronic condition in service and no current disability. The preponderance of the evidence is against the claims.

The Veteran's cervical spine disability was not incurred or aggravated during service and is not related to his military service. The Board found no evidence of a chronic cervical spine disorder during service, and the medical evidence does not show treatment or diagnosis of these problems until 20 years after service.,Service connection for bilateral wrist, right thumb, bilateral eye, and right knee disabilities was not addressed in this decision.

The Board has denied the Veteran's claims for service connection for back disability, neck disability, and right leg disability due to lack of evidence showing a nexus between these conditions and his active service.

The Board found no evidence of a chronic cervical spine disability in service or within one year post-service, and concluded that the current condition is not related to any injury or event during service. The Veteran's claim for service connection was denied.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to an injury he sustained during ACDUTRA in July 1967, which is considered active duty service. Therefore, service connection for these conditions is granted.

The Veteran's claims for service connection for a cervical spine disorder and psychiatric disorders, to include PTSD, were denied as the evidence did not establish that these conditions were incurred in or aggravated by active military service.,Service connection was granted for a lumbar spine disorder due to new and material evidence being received.

The Veteran's cervical spine disability was rated at 10 percent for the period from August 20, 2008 to May 2, 2013. The Board found that the evidence did not support a higher rating based on incapacitating episodes or under the General Rating Formula for Spine Disabilities.

The Board has granted service connection for a cervical spine disability of DJD and left shoulder disability, finding that the Veteran's current conditions are due to injuries sustained in service. The issues of increased rating for PTSD and TDIU remain pending.

The Veteran withdrew his applications to reopen the claims of service connection for a lumbar spine disability and left shoulder disorder as secondary to the service-connected cervical spine disability. The Board dismissed these issues.

The Board has determined that the Veteran does not have tinnitus or cervical and thoracolumbar spine disabilities that are related to service. The evidence is against a finding of service connection for these conditions.