Neck / cervical spine decisions — 2009

The Veteran's service-connected degenerative joint disease of the cervical spine was granted and assigned a 10 percent disability evaluation from February 19, 1966 to March 24, 2003. As of March 25, 2003, an increased rating to 20 percent was granted effective January 3, 2007.

The Board denied service connection for residuals of a cervical hyperextension injury and denied an increased rating for idiopathic thoracolumbar scoliosis with postoperative spinal fusion from T-3 to L-1. The Veteran's cervical spine disability was not shown to be related to her service-connected thoracolumbar scoliosis, and the current 40 percent rating adequately reflects the severity of her thoracolumbar condition.

The Veteran's claims for increased evaluation of hypertension, service connection for bilateral hearing loss, hiatal hernia, and cervical spine disability were denied. The Board found that the evidence did not support an increase in evaluation or service connection for any of these conditions.

The Veteran's claims for increased disability ratings for his service-connected lumbar and cervical spine disabilities are being remanded due to the need for additional development of medical records.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran's claims for service connection for a cervical/lumbar spine disability and hemorrhoids.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the claims of service connection for residuals of a right rotator cuff tear, cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and radiculopathy.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, as his other nonservice-connected conditions and work experience make it possible for him to find another means of employment.

The Board has remanded the case due to incomplete development and a need for additional evidence, including records from Keesler Air Force Base and VA treatment records. The claim will be reconsidered on the merits.

The Board has denied the Veteran's claims for service connection for residuals of perirectal abscesses, bronchitis, gastrointestinal reflux disease (GERD), hidradenitis suppurativa, migraine headaches, and hypertension. The Board also denied her increased rating claims for degenerative joint disease of the right knee and left knee, as well as a disability evaluation in excess of 10 percent for cervical spine disability.

The Veteran's initial disability ratings for residuals of thyroid cancer, right knee arthritis, and cervical spine spondylosis have been granted. The Veteran is currently rated at 30 percent for residuals of thyroid cancer, with a noncompensable rating for the right knee and a 20 percent rating for cervical spine spondylosis from June 2, 2008.

The Board has determined that the Veteran does not have any current disabilities of the left ankle, right foot, neck, or low back that are related to service.

The Veteran's initial claim for a higher rating for his cervical spine disability was denied. The RO assigned an initial 10 percent rating effective July 7, 2004, and later increased the rating to 20 percent from January 30, 2009.

The appellant is not recognized as the surviving spouse for VA death benefits purposes, and her claims for service connection for cause of death and DIC under 38 U.S.C.A. § 1318 are denied.

The Veteran's claims for higher initial disability ratings for postoperative degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar spine, and endometriosis with dysmenorrhea and dyspareunia have been granted. The specific issues include separate ratings for radiculitis of the left upper extremity associated with cervical spine disability and neurological deficits in the left lower extremity associated with lumbar spine disability.

The Veteran's sciatic neuritis is found to be secondary to his service-connected lumbar spine disorder. The Board also finds that the Veteran meets the criteria for a TDIU based on his combined disability rating of 60 percent, which warrants consideration of an extraschedular rating due to unemployability.

The Board has remanded the case to the RO for additional development, including obtaining complete hospital records and arranging for a VA examination. The Veteran's claims of service connection and compensation under 38 U.S.C.A. § 1151 will be readjudicated based on the new evidence.

The Veteran's service-connected cervical strain and radiculopathy have been granted increased ratings, with the right upper extremity radiculopathy receiving a higher evaluation than the left.

The Board has remanded the case for further development to determine if the Appellant qualifies as a 'Veteran' for periods of service in the Kentucky Army National Guard from 1983 and 1984, which would allow him to seek VA compensation benefits for any residual disability involving his lumbar and cervical spine disorders related to those periods.

The Veteran's neck disorder is being remanded for further examination to determine if it is related to service.

The Veteran's right knee disability has been rated at 10 percent for instability and arthritis. The current rating is denied as the Veteran does not meet the criteria for a higher rating based on limitation of motion or other factors.