Neck / cervical spine decisions — 2014

The Board has determined that the Veteran's current cervical spine disorder, diagnosed as cervical disc herniation at C5-6, is related to in-service injuries sustained during active duty.

The Board has remanded the case for additional development, including to obtain updated treatment records and to schedule new VA examinations. The Veteran's claims include a claim for an increased evaluation of his service-connected lumbar spine condition and a claim for service connection for residuals of a cervical spine fracture.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of a current disability related to her military service.

The Veteran's cervical neck subluxation is rated at 10 percent, and her migraine headaches are rated at the maximum schedular rating of 50 percent. Both conditions do not warrant higher ratings.

The Veteran's petitions to reopen his previously denied service connection claims were unsuccessful as no new and material evidence was presented for any of the conditions he sought to reopen.

The Board found no evidence of a current lumbar or cervical spine disability present in service, and the preponderance of the evidence does not support a finding that any such disabilities were incurred during military service. The Veteran's reported symptoms are attributed to non-service-related incidents.

The Board has remanded the case for additional development, including obtaining medical records and issuing a statement of the case on all issues.

The Board has remanded the Veteran's claims for additional evidentiary development, including a new VA examination to determine if his lumbar paravertebral myositis and DDD of the cervical spine are aggravated by his bilateral plantar fasciitis and bunion formation.

The Board has remanded the case for a new VA examination to address whether the Veteran's current cervical spine disorder is related to his military service or developed within a year of his separation from service, and if so, whether it was caused or aggravated by his service-connected right shoulder disability and/or lumbar spine disability.

The Board has determined that the Veteran's degenerative joint and disc disease of the cervical and lumbar spine is reasonably attributable to service, granting service connection for these conditions.

The Board has determined that the Veteran's low back, neck, and left foot disabilities are service-connected. The claim for lower extremity radiculopathy is denied as there is no current diagnosis of this condition. The claim for a broken collarbone is denied due to lack of evidence of any residual disability. The claim for an acquired psychiatric disorder (PTSD) is denied.

The Board has determined that the Veteran does not have current diagnoses for several of his claimed conditions, and thus service connection cannot be granted. The claims are denied.

The Board has remanded the case for additional development due to incomplete records and potential need for further examination. The Veteran's claim of service connection for a cervical spine disability remains under consideration.

The Veteran's service-connected chronic cervical strain is currently rated at 10 percent, and the Board finds that this rating adequately reflects the severity of her disability.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected cervical spine, lumbar spine, and bilateral shoulder disabilities.

The Board denied the motion for revision of a January 2009 decision that granted increased ratings (of 10 percent prior to February 10, 2004, and 30 percent from November 7, 2007) for the Veteran's service-connected cervical spine disability based on there being CUE in that decision.

The Veteran's service-connected lumbar spine and cervical spine disabilities are currently rated as 20 percent for the cervical spine, but not greater than 10 percent for the lumbar spine. The Board finds that these ratings are appropriate.

The Board has remanded the case due to allegations of increased severity of the Veteran's left shoulder disability since her last VA examination. The claim is being returned for a new examination to determine the current severity of the disability.

The Board found that there was no evidence of diabetes mellitus or ischemic heart disease in service, and the Veteran did not meet the criteria for presumptive service connection due to exposure to herbicides. The right knee arthritis is considered secondary to a service-connected left knee disability.

The Veteran's claim for an increased disability rating for her cervical spine disability is being remanded due to the need for a new VA examination and additional treatment records.