Neck / cervical spine decisions — 2009

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and considering whether extra-schedular evaluations are warranted.

The Veteran's appeal was denied for service connection claims related to neck, back, and shoulder disorders. The case is being remanded due to incomplete development.

The Veteran seeks service connection for various disabilities, including a cervical spine injury, right and left knee disabilities, thoracic and lumbar spine disabilities, a psychiatric disorder (including posttraumatic stress disorder), and a heart condition. The case is being remanded to obtain additional medical records and to schedule the Veteran for VA examinations.

The Board has granted service connection for a cervical spine disability and neuropathy of the left upper extremity, finding that there is at least equipoise evidence to support these claims.

The Board has determined that the Veteran's multiple service-connected disabilities, rated at a combined 70 percent disabling, preclude her from obtaining and retaining substantially gainful employment. As such, TDIU is granted.

The Board has determined that the Veteran's claims for service connection for residuals of a head trauma, cervical spine disorder, and neurological disorder were not properly submitted as part of his original claim in March 1975. As such, an effective date prior to January 22, 2003, cannot be granted.

The Board has ordered a remand due to new evidence submitted by the Veteran, requiring further development of the claim.

The Board has determined that the appellant's claims for service connection for degenerative changes of the cervical and lumbar spine, partial hysterectomy, and bunions and hammertoes are denied as there is no evidence to support a finding that these conditions were incurred or aggravated by military service.

The Board has granted a 40 percent evaluation for the service-connected degenerative disc disease of the lumbar spine, effective from the date of the decision. The cervical spine disability is not rated higher due to lack of evidence showing more than the current level of disability.

The Board previously denied the Veteran's claim for service connection for arthritis of the cervical and lumbar spine, finding that it was not incurred in or related to his active duty service. The case is now remanded due to a lack of evidence regarding treatment received by the Veteran in 1948 or 1949 from Dr. Taylor.

The Veteran's claim for an initial disability rating in excess of 10 percent for diarrhea has been granted, with a current effective date of April 17, 2009.

The Board denied the Veteran's claims for service connection for a cervical spine disability, right foot disability, and psychiatric disorder, to include PTSD. The case is remanded for further development.

The Board has dismissed the appeal as the appellant withdrew his claims for increased rating and service connection. The issue of total rating based on individual unemployability is remanded to the AOJ.

The Board has determined that a new VA examination is necessary to evaluate the current severity of the Veteran's service-connected cervical and lumbosacral spine disabilities, as well as whether TDIU should be considered.

The Veteran's claims for increased evaluations for cervical spine, lumbar spine, and left wrist conditions were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Board denied the Veteran's claims for service connection for various disabilities, including a left ankle disability, neck disability, right hip and shoulder disabilities, PTSD, bilateral hand and hip disabilities, and low back disability. The decision also addressed other issues related to the Veteran's service-connected left knee disability.

The Board has granted service connection for a low back disability. The Veteran's other claims of entitlement to service connection for various disabilities are addressed in the REMAND portion of this decision.

The Veteran's appeals for service connection for various conditions have been denied. The hiatus hernia claim was withdrawn, and the below-the-knee amputation claim is denied due to lack of a nexus between the service-connected cold injury residuals and the amputation. Service connection for traumatic arthritis of the cervical and thoracic spine and both shoulders remains pending as the original denial in 1969 did not include these conditions.

The Board has ordered further development of the issues of entitlement to service connection for frostbite of the feet and residuals of cervical radiculopathy. The claim of service connection for tremors of the lower extremities is deferred until such time as a VA examination can be scheduled.

The Veteran's claims for service connection for cervical spine disorder with headaches, left knee disorder, lumbar spine disorder, bilateral shoulder disorder, and bilateral foot disorder have been granted.