Neck / cervical spine Board decisions

The Veteran's claim for service connection for a cervical spine disability was denied as there is no current diagnosis of such a condition related to her military service.

The Board finds that the Veteran's right ear hearing loss and cervical spine disability are not related to service. The claims are denied.

The Board found that the appellant did not meet the criteria for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing carelessness, negligence, or fault on the part of VA during the March 2003 surgery.

The Veteran's cervical arthritis is not service-connected as secondary to his chronic low back strain. The issue of left leg numbness remains unresolved.,There is insufficient evidence to determine whether the Veteran has a neurologic disorder involving the left lower extremity, and this claim is pending.

The Veteran's compensation benefits were reduced due to his incarceration. The Board found that the reduction was proper, but noted insufficient evidence regarding the date of conviction and remanded for further development.

The Veteran's appeal is being remanded for a higher initial rating for his service-connected cervical spine disability. The VA will conduct another examination to assess the current severity of the condition and request additional VA outpatient records.

The Veteran's death was not due to a service-connected disability. The VA physician found that the Veteran's right upper extremity and cervical spine disabilities were not significant factors in his fall, which led to his death.

The Board has remanded the case for further development, including obtaining SSA records and VA treatment records, as well as clarifying the Veteran's workers' compensation history. The examiner is also requested to provide an addendum to the July 2009 examination report.

The Board has remanded the case for additional development, including VA examinations and consideration of the Veteran's lay evidence. The claims will be reconsidered based on the new evidence.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to November 15, 2006 or since November 15, 2006 for left levator scapular myofascial pain syndrome and cervical spondylosis.

The Board has determined that the Veteran does not have a back disability, including spondylosis of the lumbar spine or DDD of the lumbar, cervical or thoracic spine that is attributable to his military service. The Veteran's currently diagnosed spine disabilities are considered direct service connection.

The Veteran's initial claims for higher evaluations were denied. The Board found that the evidence did not support a finding of entitlement to any higher ratings.,Service connection was established, but no higher initial evaluations could be granted as the evidence did not meet the criteria for such.

The Board has determined that the Veteran filed timely NODs regarding his claims for service connection for various conditions, including bilateral hearing loss, cervical spine injury, right shoulder injury, thoracic and lower lumbar spine injury, left knee injury, and right knee injury. The appeal is granted.

The Board found that the Veteran's neck and low back disabilities were not incurred in or aggravated by service, as there was no evidence of chronic disability during service or continuity of symptomatology after service. The VA examiners concluded it is less likely as not that these conditions are related to service.

The Veteran's right shoulder disability is service-connected as secondary to his cervical spine disability. The initial rating for the cervical spine disability remains at 20 percent.

The Board has determined that the Veteran's cervical spine disorder is presumed to have been incurred during service due to a compensable degree of disability within one year after discharge.

The Veteran's cervical spine disability is found to be etiologically related to active duty service and the claim for service connection is granted.

The Veteran is entitled to a 10 percent rating for degenerative arthritis of the cervical spine as of October 1, 2005 and since June 10, 2009. He was not entitled to any higher ratings at any time.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining relevant medical records and seeking an opinion from a VA examiner regarding neurological findings in the right arm.

The Board denied the Veteran's request for an earlier effective date for service connection and a higher initial rating, finding that the earliest pending application was received on March 8, 2005.