Neck / cervical spine decisions — 2009

The Veteran's claims of diabetes mellitus, type II; cervical spine disorder; and left shoulder disorder were all denied. The Board found that new and material evidence had not been presented to reopen the claims for cervical spine disorder and left shoulder disorder.

The Veteran is seeking a TDIU based on his service-connected disabilities. The RO has remanded the case for additional development, including obtaining medical records from Social Security Administration and arranging for an examination to assess the impact of his service-connected conditions on his employability.

The Veteran's neck disability and PTSD have been granted service connection, with the PTSD receiving a 100% evaluation.

The Veteran's appeal has been withdrawn with respect to the service connection claim for peripheral neuropathy of the bilateral upper extremities. The remaining issues are remanded for further development and consideration.

The Veteran is seeking service connection for residuals of head and neck trauma, including angioplasty with stent placement. The Board has determined that additional development is needed to determine the nature and etiology of her current disabilities.

The Veteran's appeal includes two issues: whether the February 1995 rating decision denying his request to reopen his cervical arthritis with spinal stenosis service connection claim involved clear and unmistakable error (CUE), and entitlement to an effective date earlier than March 1, 2004 for the grant of service connection for cervical arthritis with spinal stenosis. The case is being remanded to address these issues.

The Board has ordered additional development to obtain VA treatment records and to provide the Veteran with appropriate VA examinations for his cervical spine, low back, and acquired psychiatric disabilities. The case will be remanded for further review after these actions are completed.

The Board has remanded the case due to unclear medical evidence regarding current cervical spine disability and an increased rating for a shell fragment wound scar. The Veteran is also not entitled to TDIU as his maximum schedular rating for the scar already exists.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling the Veteran for appropriate examinations to assess his cervical spine, thoracic/lumbar spine, and bilateral inguinal hernia conditions.

Since June 1, 2005, the Veteran's hypertension has been controlled with medication and does not meet the criteria for a higher rating.,From June 1, 2005 to October 4, 2007, his lumbar spine degenerative disc disease was manifested by pain on motion with forward flexion of at least 70 degrees. No additional neurologic disability manifestations or incapacitating episodes were shown during this period.,Since October 5, 2007, the Veteran's lumbar spine degenerative disc disease has been characterized by chronic pain resulting in limitation of forward flexion to 60 degrees. There is no evidence of ankylosis, additional neurologic disability manifestations, or incapacitating episodes requiring bed rest.

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding that it was not incurred in or aggravated by his active military service and is not related to his service-connected psychophysiological musculoskeletal reaction. The issue of an increased rating for the Veteran's service-connected psychophysiological musculoskeletal reaction with tremors of the neck and head remains pending.

The Board found that the Veteran's treatment at Memorial Medical Center from November 18, 2004 to November 23, 2004 was for an emergent condition and a VA facility was not feasibly available to render the Veteran care.

The Veteran's service connection claim for PTSD is granted due to the presence of a verified combat stressor and current diagnosis. The claim for cervical spine disability is denied as there is no evidence of an in-service injury or disease.

The Veteran's claims for increased ratings for his service-connected cervical and thoracolumbar spine disabilities were denied. The RO found that the evidence did not support higher ratings under the applicable rating criteria.

The Veteran's service-connected disabilities require the need for regular aid and attendance, but not housebound status. Special monthly compensation based on the need for regular aid and attendance is granted.

The Veteran's claims for service connection for a cervical spine disorder and an initial rating for low back pain with herniated nucleus pulpous were denied. The Board found no evidence of current disability for the cervical spine disorder, while finding that the Veteran's low back disability warranted a 10 percent rating.

The Veteran's claims for an increased rating for bilateral hearing loss and service connection for vertebra damage of cervical spine were denied. The Board found that the evidence did not support a higher rating for his hearing loss or establish a direct link between his current condition and service.

The Veteran's service-connected cervical spine and right shoulder disabilities have been rated based on their current manifestations, with no additional evaluations granted as the evidence does not support a higher rating.

The Board has denied the appellant's claim for service connection for a disability of the cervical segment of the spine. The case is being remanded to obtain additional medical records and conduct further examination.

The Board found that the Veteran's cervical spine condition was not incurred in or aggravated by service and is not related to his service-connected lumbar spine injury. The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.