Neck / cervical spine Board decisions

The veteran's claims for a higher rating for tinnitus and DJD of the left knee and patella have been dismissed due to his withdrawal. The cervical spine claim is being remanded for further evaluation.

The Board has jurisdiction over the April 2005 rating decision denying service connection for low back and cervical spine disabilities. The veteran's appeal on timeliness of his substantive appeal is granted, and the claim is remanded to determine whether service connection can be established.

The Board found that the veteran's current cervical spine disorder was not present during service and is not related to his service-connected back disability. The claim for secondary service connection was also denied.

The veteran's claims for a higher rating for tinnitus and DJD of the left knee and patella have been dismissed due to his withdrawal. The cervical spine claim is being remanded for further evaluation.

The Board finds that the veteran does not meet the criteria for compensation benefits under 38 U.S.C.A. § 1151 due to a fall during VA inpatient medical treatment, as his current conditions are more likely related to chronic degenerative changes rather than an acute injury.

The Board has determined that the appellant does not have current diagnoses for hemorrhoids, a neck disorder, or vision problems. Service connection is denied for these conditions as they are not shown to be related to service.

The Board has determined that the veteran's current low back and neck disabilities are not related to his active service, including a motor vehicle accident while on active duty in France. As such, service connection for these conditions is denied.

The Board denied the veteran's claims for higher initial ratings for his service-connected lumbar spine and cervical spine disabilities, finding that the evidence did not meet the criteria for a rating higher than 20 percent.

The Board has granted the veteran's claims for service connection for arthritis of the right hand and hypertension, finding that these conditions were aggravated by his service-connected back disability. The claim to reopen the neck disability was denied as no new and material evidence was submitted.

The Board has determined that service connection is not warranted for the claimed disabilities, including bilateral ankle and elbow disabilities. The veteran's complaints of pain have not been supported by clinical findings or diagnoses.

The Board has granted service connection for a cervical spine disorder, finding that the veteran's complaints of neck pain in service and subsequent continuous symptoms constitute evidence of a chronic disability incurred during active duty.

The Board has determined that the veteran's claimed lumbar and cervical spine disorders are not related to his active service, and thus denied both claims.

The veteran withdrew his appeals for headaches, cervical sprain and strain, and lumbar sprain and strain.

The Board has granted service connection for the veteran's cervical spine disability, finding that it is as likely as not related to an in-service injury.

The Board has determined that the veteran does not have residuals of a back injury, left knee injury, or cervical spine injury linked to service on any basis. Service connection is therefore denied for these conditions.

The Board has decided to remand the veteran's claims for service connection for cervical and lumbar spine disabilities due to incomplete records, including SSA records and private medical records. The case will be returned to the RO for further development.

The veteran's cervical spine fusion with degenerative disc disease and episodic right upper extremity radiculitis is rated at 10 percent prior to July 31, 2005; 20 percent from August 1, 2005 to March 22, 2007; and 30 percent thereafter. The veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 20 percent.

The veteran's cervical strain, myositis, ankle sprains, and patellofemoral syndrome of the knees were not incurred in or aggravated by his military service.

The Board finds that the evidence is in equipoise and warrants service connection for the cervical spine DDD as a residual of an in-service injury.

The Board denied service connection for a cervical spine disability and a rating in excess of 40 percent for the veteran's lumbar spine disability. The case is being remanded to allow for further development.