Neck / cervical spine decisions — 2009

The Board has remanded the case for additional development, including obtaining workmen's compensation records and determining all periods of Active Duty for Training (ACDUTRA) and Inactive Duty for Training (INACDUTRA).

The Veteran's claims for reopening service connection for bilateral hearing loss, bilateral knee disability, lower back disability, and cervical spine disability are being remanded due to procedural issues.

The Board found that the Veteran's degenerative disc disease of the cervical spine with neuropathy of the right upper extremity and arthritis were incurred in active service.

The Veteran's service-connected degenerative intervertebral disc disease of the cervical spine does not meet the criteria for a higher initial evaluation in excess of 10 percent under the rating criteria.

The Board denied the appellant's claims for a total disability evaluation based on individual unemployability due to his service-connected disabilities from January 2, 2004, to March 3, 2005, and from December 1, 2005, to September 1, 2006.

The Board has remanded the case for further development and consideration, including obtaining additional medical records, clarifying the Veteran's claims, and scheduling examinations to determine the nature and etiology of his claimed conditions.

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

The Veteran's service-connected left radial head fracture is currently rated at 10 percent, and his cervical spine disability with mixed headache disorder is rated at 20 percent. The Veteran also meets the criteria for a TDIU as of February 7, 2008.

The Veteran's service-connected cervical spine disorder is currently rated at 20 percent, and the Board finds that this rating adequately reflects his current level of disability.

The Board is remanding the case to obtain additional medical records and conduct a VA examination to determine if the Veteran's cervical spine disorder is related to his service or secondary to his service-connected low back disability.

The Board found that cervical disc disease was not incurred in or aggravated by military service, nor is it proximately due to, or the result of, a service-connected lumbosacral strain with degenerative disc disease.

The Veteran's claim for service connection for a back disability is being remanded. The issue of whether new and material evidence has been received to reopen his claim for service connection for a neck disability is also being remanded.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of the Veteran's current cervical and lumbar spine disorders.

The Veteran's service connection claim for a left arm disability, previously adjudicated as carpal tunnel syndrome of the left arm, is granted. The Veteran's increased evaluation claim for residuals of shrapnel wound fracture/dislocation of T12 with loss of bowel control is also granted and rated at 60 percent.

The Veteran's initial disability ratings for his thoracolumbar spine and cervical spine disabilities were increased, with the thoracolumbar spine rating being increased to 40 percent effective August 10, 2004.

The Board found that the Veteran's current lumbar and cervical spine disorders were not incurred in or aggravated by active military service.

The Board has determined that additional development is needed to address the merits of the Veteran's claims for service connection for neck and back disabilities, including consideration of his in-service injuries and post-service treatment.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the extent of his service-connected dermatophytosis of the feet and whether he has any additional disability resulting from the November 29, 2006 VA surgery.

The Board previously denied the Veteran's claim for service connection of a cervical spine disorder. The case is now remanded due to the need for an examination and consideration of additional evidence.