Neck / cervical spine Board decisions

The Veteran's service records do not show any diagnosed cervical spine, thoracic and lumbar spines, left shoulder, right knee, or left knee disabilities. GERD was first noted after service in August 2008. The Board finds that the Veteran did not have these conditions during service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining relevant VA treatment records and addressing a request for a hearing. The issues of service connection for kidney cancer, back disability, neck disability, and bilateral hearing loss are pending.

The Veteran's appeal for service connection for degenerative joint disease of the cervical spine has been dismissed as he withdrew his appeal prior to a decision being made.

The Board determined that the Veteran's current cervical spine disorder is not related to his military service and denied his claim for service connection.

The Veteran's service-connected cervical disc disease with radicular symptoms was initially rated at 60 percent effective June 5, 2001. The appeal is for an evaluation in excess of this rating.,From December 13, 2012, the Veteran's service-connected cervical spondylosis with degenerative disc disease and spinal stenosis (previously rated as cervical disc disease with radicular symptoms) warrants a separate evaluation of 20 percent. The right upper extremity radiculopathy is assigned a 40 percent evaluation, while the left upper extremity radiculopathy receives a 30 percent evaluation.

The Veteran's cervical spine strain with disc protrusion at C3-4 is currently rated as 30 percent disabling. The Board finds that the disability picture more nearly approximates a higher rating, but granted an increased rating of 30 percent based on the current manifestations and symptoms. Service connection for myofascial pain syndrome of the cervical spine was also granted due to its secondary nature to the service-connected cervical spine strain.

The Board finds that the Veteran's current lumbar and cervical spine disorders are not related to his active duty service. The evidence does not support a finding of in-service injury or disease.

The Board denied service connection for cervical, thoracic, and lumbar spine disorders, headaches, and urinary frequency. The Veteran's sinusitis is currently rated at 10%.

The Board has remanded the case for additional development due to inadequate discussion of continuity of symptomatology in the Veteran's cervical spine injury residuals claim.

The Board has remanded the case for additional development due to incomplete records and inextricably intertwined TDIU claim.

The Veteran's initial claim for an increased evaluation of her cervical spine disability (excluding the period of a temporary total rating) was denied as her service-connected cervical spine DDD did not meet the criteria for a higher evaluation.

The Veteran's claim for service connection for a cervical spine disability, to include as secondary to his service-connected left shoulder disability, is being remanded due to the need for additional development and medical opinions.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or at the housebound rate is being remanded due to a lack of recent VA examination records, and the need for additional development including obtaining Social Security Administration (SSA) disability records and arranging an examination through the American consulate in Thailand.

The Board found that the Veteran's low back and cervical spine disorders were not incurred in or aggravated by his service, as they preexisted his service and did not increase in severity during his service beyond their natural progression.

The Board has determined that the Veteran does not have current diagnoses of degenerative arthritis of the left ankle or DDD of the cervical spine, and there is no evidence linking these conditions to service. The Board finds the January 2012 medical opinion persuasive in concluding that the Veteran's left ankle gout and cervical spine disability are not related to his military service.

The Board has remanded the case due to inadequate notice regarding unavailability of private medical records. The Veteran must be informed that certain records could not be obtained and provided with an opportunity to respond.

The Board has denied the Veteran's claim of entitlement to service connection for a cervical spine disability and his claim of entitlement to total rating based on individual unemployability.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease of the lumbar spine with radiculopathy, is reasonably shown to be related to service. The claim for service connection for cervical spine disability is addressed in the REMAND portion of the decision.

The Veteran's claims for service connection have been reopened, but the Board finds that new and material evidence has not been received to reopen these claims. The issues of entitlement to a temporary total rating based on convalescence beyond December 11, 2009; initial ratings in excess of 20 percent for cervical spondylosis (cervical spine disability); initial ratings in excess of 10 percent for right and left upper extremity radiculopathy due to cervical spine disability; initial ratings in excess of bilateral neural foramina stenosis of the lumbar spine (lumbar spine disability); and effective dates prior to September 10, 2008 have been referred back to the RO.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination and review of recent medical records. The case will be remanded to the RO for further action.