Neck / cervical spine decisions — 2014

The Board found that the additional disability resulting from the June 2004 cervical spine surgery and follow-up care was not caused by VA fault or a reasonably foreseeable consequence of the surgery, thus denying compensation under 38 U.S.C.A. § 1151.

The Board found that a cervical spine disorder, including DDD and mechanical low back pain, did not manifest in service and is not otherwise related to the Veteran's military service.

The Veteran's claims for service connection and increased ratings have been denied. The lumbar spine disability is rated as noncompensable prior to September 10, 2007, and 10 percent from that date to May 21, 2013, with a 40 percent rating beginning May 22, 2013. The cervical spine disability was also rated as noncompensably disabling prior to May 22, 2013, and 10 percent thereafter.

The Veteran's claims for increased ratings for cervical spine, lumbar spine, left lower extremity radiculopathy, and left upper extremity radiculopathy were denied. The VA examiners found that the Veteran's conditions did not warrant a higher rating based on their current manifestations.

The Veteran's low back disability was found to have been manifested by forward flexion of the thoracolumbar spine at 45 degrees prior to January 11, 2011. The RO denied an increased rating for this condition as it did not meet the criteria for a higher rating under the applicable VA regulations.

The Veteran's service connection claims for hearing loss, cervical spine disorder, left upper extremity disorder, lumbar spine disorder, left knee disorder, and right knee disorder have all been denied. The only condition found to be service connected is the pre-existing left femur fracture with residual leg shortening.

The Veteran's claim for service connection for a cervical spine disorder is being remanded due to the need for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits records. The case will be readjudicated after these records are obtained.

The Veteran's service connection claims for residuals of a shrapnel wound to the neck, cervical spine disc disease, and cervical radiculopathy of the left upper extremity are all granted.

The Board has remanded the case for additional development, including obtaining treatment records and conducting examinations to evaluate the severity of the Veteran's service-connected conditions.

The Board has determined that the Veteran's chronic neck and back disabilities are not service-connected, as they are not shown to be related to her active duty or secondary to her service-connected tardive dyskinesia.

The Veteran's claim for service connection of a neck disability is being remanded due to the need for additional development, including an examination and review of medical records.

The Board is reopening the claim of entitlement to service connection for an eye disorder (defective vision) and remanding it along with the other three claims for further development. The Veteran should be scheduled for VA compensation examinations for his claims for service connection for a neck or cervical spine condition, sleeping problems, and an eye disability.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for higher disability ratings or service connection.

The Board has denied the Veteran's claims of service connection for various musculoskeletal disorders, including cervical spine disorder, bilateral knee disorders, and bilateral shoulder disorders. The evidence does not support a direct or secondary relationship to service.

The Veteran's appeals of increased ratings for cervical spine and left shoulder disabilities, as well as her claim for service connection for bilateral hip disability, have been dismissed due to withdrawal by the Veteran at the October 2013 Board hearing.

The Veteran's neck disability (arthritis of the cervical spine with strain) was granted service connection. Initial compensable ratings for IBS and TMD were also granted.

The Board found no evidence of a current cervical spine disability and concluded that the Veteran's reported neck pain is not related to her service or service-connected right knee condition.

The Board has determined that the Veteran's cervical spine disorder and nerve damage to the bilateral upper extremities are not related to his military service. The evidence does not establish continuity of symptomatology after service, nor is there any evidence showing a compensable degree of disability within one year post-service.

The Board has granted service connection for bilateral ulnar nerve disability and cervical spine (neck) disability, finding that the Veteran's current conditions are related to his military service.

The Board has granted service connection for bilateral hearing loss and tinnitus, but denied service connection for a neck disability. The Veteran's current neck disability is not presumed to have been incurred in service.