Neck / cervical spine decisions — 2014

The Board has granted service connection for headaches, respiratory disability, skin disability, and neck disability based on the Veteran's Persian Gulf War service. The right ear pain claim was not reopened due to lack of new and material evidence.

The Board determined that the Veteran's cervical spine disorder was not incurred in or aggravated by service and is unrelated to service. The acquired psychiatric disorder (claimed as PTSD) has also been found not related to service.

The Veteran's TDIU claim is granted. The appeals for the other issues are withdrawn.

The Board has remanded the case for further development and adjudication due to inextricably intertwined issues, including a claim of clear and unmistakable error (CUE) regarding service connection for migratory polyarthritis or Reiter's syndrome.

The Board has granted service connection for cervical spine disorder, thoracic and lumbar spine disorders, and left knee osteoarthritis, status post left knee replacement. The Veteran's claims are now ready for further action.

The Veteran's appeal is granted, with a rating of 60 percent for prostatitis effective February 20, 2013.

The Veteran's claims for increased ratings for radiculopathy of the upper and lower extremities have been denied as there is no evidence of a service-connected condition that would warrant such ratings.

The Veteran's cervical spine disability is rated at 30 percent, the maximum available under former Diagnostic Code 5290. The claim for hepatitis B and lumbar strain with degenerative disc disease remains pending.

The Veteran's cervical spine disability is not manifested by forward flexion of the cervical spine to 15 degrees or less, favorable ankylosis of the entire cervical spine, or unfavorable ankylosis of the entire spine. The evidence does not demonstrate that his associated neurological disorder warrants a higher evaluation.

The Board found that new and material evidence had not been submitted to reopen the previously denied claim for service connection for an upper back disability. The RO denied this claim in a May 2002 rating decision, which was upheld by the Veteran's July 2003 statement indicating she did not receive the February 2003 letter and that her representative had not properly indicated what she wanted to appeal.

The Board denied the Veteran's claims for service connection and increased ratings, finding no current diagnoses or evidence of a link between his claimed conditions and his military service.

The Board found that the appellant's current cervical spine disability was not incurred in service and is less likely than not related to his active service. The claim for an initial compensable rating for right lower extremity sciatica from September 10, 2007, to January 13, 2009, remains pending.

The Veteran's appeal involves multiple issues including psychiatric disorders, GERD, cervical and lumbar spine conditions, sinusitis, eczema, erectile dysfunction, and hip disorder. The claims are being remanded for additional development of the record.

The Board finds that the Veteran does not have a current disability of any of the claimed conditions, and there is no evidence linking these disabilities to service. The VA examinations and VHA specialist opinions do not support a finding that any of the disabilities are related to the 1969 motor vehicle accident.

The Veteran's appeal is being remanded for further examination to determine if any additional disabilities were caused or aggravated by a fall on June 9, 2008.

The Board has determined that additional examinations and development are necessary to properly adjudicate the Veteran's claims for service connection.

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding no competent evidence that it is related to or had its onset in service, or that it is secondary to his service-connected lower back disability.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the Veteran's claims for service connection for residuals of a head injury, cervical strain with arthritis, or right shoulder and arm condition.

The Veteran's cervical strain with headaches and associated radiculopathy have been rated at 30 percent since August 1, 2007. The effective date for this rating is not specified.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.