Neck / cervical spine Board decisions

The Veteran's TDIU claim is being remanded due to the need for additional examination and opinion regarding his service-connected disabilities' impact on employment, as well as clarification of whether a low back disability is proximately due to or the result of his left shoulder and/or cervical spine disabilities.

The Veteran's claims for service connection for myofascial pain syndrome, fibromyalgia, chronic fatigue syndrome, bilateral knee disability, hypertension, chronic sinusitis, and degenerative joint disease/degenerative disc disease of the cervical spine are all denied as there is no evidence of a current disability or a link to service.

The Board finds that the Veteran's service-connected lumbar spine, left sciatic neuritis, and cervical spine disabilities did not cause or contribute to his death. The conditions causing his death (septic shock and pneumonia) are not related to his service or service-connected disabilities.

The Veteran's appeal is being remanded due to the need for additional VA examinations and evaluations, as well as a new VA audiology examination. The issues of service connection for neck disorder, upper extremities disorder, and initial rating for bilateral hearing loss are pending.

The Board has determined that the Veteran's claims for earlier effective dates are denied as there is no evidence showing a claim was filed prior to April 24, 2007.

The Veteran's cervical spine disability is currently rated at 40 percent, and the Board finds no basis for a higher rating. The claim for increased ratings for headaches was remanded.

The Board has determined that the Veteran's current diagnosed cervical spine disorder is related to his service, and thus service connection for this condition is granted.

The Board found that the July 1996 rating decision, which denied reopening of a previously denied claim for service connection for a cervical spine disability, was not based on clear and unmistakable error (CUE).

The Veteran's claim for increased ratings for residuals of cervical fusion and bilateral foraminal compromise C5-C6, C6-C7, and degenerative joint disease was denied. The evidence did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Board has determined that the Veteran's cervical spine, bilateral shoulder, and bilateral knee disabilities are related to his service-connected lumbar spine disability. The claim is granted.

The Veteran has withdrawn his appeals on all issues except for the right ear hearing loss and rectal incontinence. The Board will not have jurisdiction to review these remaining issues.

The Board has granted service connection for chondromalacia of the knees, finding that the Veteran's current condition is related to his in-service diagnosis and treatment.,Service connection was denied for neck disability and bilateral shoulder disabilities due to lack of evidence linking these conditions to service.

The Board has remanded the case for a Travel Board hearing to address the issues of service connection for neck disability, left hip disability, and right big toe disability.

The Board has granted service connection for a cervical spine strain and awarded an initial compensable rating of 10% for right knee retropatellar pain syndrome beginning April 6, 2006.,Prior to April 6, 2006, the Veteran's right knee retropatellar pain syndrome was rated as noncompensable.

The Board found that the Veteran's post-operative residuals of cervical spine astrocytoma-ependymoma with Brown-Sequard's syndrome did not meet the criteria for service connection, as there was no credible evidence of a continuity of symptomatology since service and no persuasive evidence that it manifested to a compensable degree within one year following discharge from service.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding that they are not related to his service-connected bilateral Taylor bunion disability or service.

The Board has granted service connection for a neck or cervical spine disability and gastroesophageal reflux disease (GERD). The Veteran's neck injury during service is considered, and the private physician's opinion supports this finding.

The Board found that a chronic back disability including back pain with right trapezius muscle spasm and degenerative joint disease of the cervical, thoracic, and lumbar spines was not incurred in or aggravated by active duty.

The Board has remanded the case for additional development, including obtaining treatment records from a private chiropractor and scheduling a VA examination. The Veteran's claims for service connection are pending.

The Veteran's service connection claims for a back disability, neck disability, and fibromyalgia are all granted. The Board finds that the Veteran has current disabilities of these conditions and there is sufficient medical evidence to establish a link between his military service and each condition.