Neck / cervical spine decisions — 2017

The Board has determined that new and material evidence was not received to reopen the claims for service connection for cervical spasm, arthropathy of the cervical spine, and headaches. The Veteran's headaches are presumed related to exposure to herbicide agents in service.,Service connection is granted for headaches as being due to exposure to herbicide agents (Agent Orange) during service.

The Board has decided to remand the claim for service connection of a cervical spine disability due to new evidence and additional development being required.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Board finds that the Veteran's current cervical spine disability, including status post C6-C7 fusion with residual altered sensation of the skin of the right lateral neck, did not have its onset in service and has not been etiologically linked to his first period of service. The preexisting cervical spine fusion was clearly and unmistakably existed prior to his second and third periods of active duty service (October 2002 to August 2003 and August 2006 to January 2008) and was not aggravated by these periods.

The Board denied the Veteran's claims of service connection for various conditions, including hypertension, right shoulder disorder, left shoulder disorder, right knee disorder, left knee disorder, cervical spine disorder, and lumbar spine disorder. The reasons given were that there was no evidence linking these conditions to his military service or any presumptive exposure.

The Board has determined that the Veteran's low back, neck, and acquired psychiatric disabilities are not service-connected as they are not causally or etiologically related to his military service.

The Board found that the Veteran's cervical spine disorder did not begin during service and is not related to any in-service injury. The claim for a lumbar spine disability was also denied.

The Board has determined that the Veteran's neck and lumbar spine disabilities are not related to service, and therefore denied his claims for service connection.

The Board has determined that the Veteran's cervical spine degenerative joint disease and headaches are service-connected.

The Board has denied the Veteran's claims for an earlier effective date for service connection of PTSD and higher initial ratings for his lumbar spine and cervical spine disabilities. The appeal is currently pending.

The Veteran's claim of entitlement to service connection for a left tibia scar was denied in May 2013. The evidence submitted since that decision is not new and material.,The Veteran's bilateral ankle disability, gastrointestinal disability (GERD and peptic ulcers), cervical spine disability, degenerative joint disease of the bilateral hips, degenerative joint disease of the bilateral knees, degenerative joint disease of the bilateral ankles, degenerative joint disease of the bilateral feet, hemorrhoids, right lower varicose veins, left lower varicose veins, PTSD, right foot bunionectomy scars, left foot bunionectomy scars, and right knee limitation of extension were not incurred in or a result of active duty service.,The Veteran's acne/rosacea/melasma was granted service connection on September 12, 2011, the day after she was discharged from active duty. The effective date for bilateral knee strain was also granted on September 12, 2011.

The Board has determined that the service-connected disabilities did not cause or contribute to the Veteran's death. The respiratory failure and pneumonia that caused his death were not related to service, while the service-connected conditions (cervical spine limitation of motion, left shoulder condition from a gunshot wound, PTSD) are not considered contributory causes of death.

The Veteran's application for a total disability rating based on individual employability (TDIU) due to service-connected disabilities was granted effective May 6, 1994. The Board found that the evidence supported the conclusion that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case for additional development, including an examination to determine the etiology of the Veteran's cervical spine disability and securing updated VA treatment records.

The Board has denied the Veteran's claim for service connection for degenerative joint disease of the cervical spine and a thoracic spine disorder, finding that there is no evidence to support his claims.

The Board has determined that the Veteran's right knee, neck, and back disabilities are not related to his active duty service.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's claims for ischemic heart disease, hypertension, residuals of a cerebral vascular accident, cervical spine disability, and left shoulder disability were denied as there is no evidence of these conditions in service or due to herbicide exposure. The Veteran was not exposed to Agent Orange during his service.

The Board has granted the petition to reopen the claim of service connection for an acquired psychiatric disorder, and remanded the issues of service connection for cervical muscle strain (also claimed neck injury), tinnitus, and headaches and dizziness.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his right and left knee disabilities and the etiology of his claimed cervical spine and left arm disorders. The issue of entitlement to a TDIU is also inextricably intertwined with the issues on appeal.