Neck / cervical spine decisions — 2014

The Board has remanded the case for clarification of records and an addendum opinion due to incomplete information and a need for further examination.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the current severity of his service-connected cervical spine condition.

The Veteran's claims are being remanded for additional development, including obtaining VA treatment records and scheduling further examinations. The case will be reconsidered in light of all the evidence.

The Board has determined that the Veteran does not have a current disability for any of the conditions he is seeking service connection for, and thus, his claims are denied.

The Veteran is seeking an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The case has been remanded to consider his claim for clear and unmistakable error in the August 1990 rating decision that denied service connection for cervical spine disability and headache disability.

The Veteran's right-sided stroke, right eye diplopia, and cervical spine disorder are not considered to be caused by VA medical treatment during cataract surgery on October 19, 2009.

The Board dismissed the Veteran's appeal due to his withdrawal of appeals for service connection for a respiratory disability as due to exposure to asbestos, and increased evaluations for cervical spine degenerative joint disease and spondylosis, temporomandibular joint disorder. The claim for an initial evaluation in excess of 10 percent for lumbar spine degenerative disc and joint disease remains pending.

The Board has remanded the claims due to incomplete VA treatment records and need for further development regarding service connection, exposure history, and medical opinions.

The Veteran's appeal was withdrawn regarding service connection for ADHD and learning disability, as well as the evaluation of her left index finger.,For the cervical spine disability, a rating higher than 20 percent is not warranted due to lack of incapacitating episodes or ankylosis.

The Board found that the Veteran's current cervical spine disability is not related to his parachute injury in service and is more likely due to age-related wear and tear. Service connection for this condition was denied.

The Board denied the Veteran's claims for higher ratings for his thoracolumbar and cervical spine disabilities, finding that they did not meet the criteria under the rating schedule.

The Veteran's service records do not show any injury to the right knee during his military service. A cyst was found in October 2006, over a year after separation from active duty.,There is no indication of tinnitus in the Veteran's service records. The first mention of tinnitus is in February 1989 STRs.

The Veteran's appeal is remanded due to inadequate medical opinions regarding his cervical spine degenerative joint disease and follicular non-Hodgkin lymphoma.

The Board has remanded the case due to new evidence and a hearing request, and will address both issues of service connection for knee disabilities and cervical spine disability.

The Veteran's low back disability, including degenerative changes, is found to be secondary to his service-connected left knee disability. The right hip disability has not been diagnosed and thus cannot be granted as secondary.

The Veteran's appeal is being remanded for further examination and opinion regarding his sleep apnea, specifically whether it is related to service or aggravated by his service-connected disabilities.

The Veteran's claims for service connection for a cervical spine disorder, ulcerative colitis, and recurrent lumbosacral strain have been withdrawn by the Veteran. The Board has dismissed these issues.

The Board has determined that the Veteran's shoulder disability is related to an in-service injury, and therefore service connection for a shoulder disability is granted. The issue of whether the cervical spine disability is secondary to the shoulder disability remains on appeal.

The case is being remanded due to the loss of the claims file and missing evidence. The Veteran will be scheduled for a VA examination to assess his service-connected residuals of prostate cancer, and additional development will be completed as requested in the March 2010 Remand.

The Veteran's cervical spine disabilities have been rated as 10 percent for each condition, with a 30 percent rating for the cervical spondylosis with traumatic arthritis of the cervical spine. The other conditions remain at 10 percent.