Neck / cervical spine decisions — 2010

The Board denied service connection for a cervical spine disability, finding that the Veteran's current condition is not related to his active service.

The Board denied a total disability rating based on individual unemployability (T/R) from January 2004 to March 2005 and from December 2005 to September 2006, finding that the veteran's service-connected disabilities did not meet the minimum percentage requirements for a T/R.

The Veteran's appeal is being remanded due to the need for further development of medical evidence regarding her service-connected cervical spine disability, specifically related to bowel control impairment and loss of sensation in legs.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no current disability related to cervical dysplasia, osteopenia was first diagnosed in service, hypertension has not met the criteria for a higher evaluation, and there is no evidence of a compensable disability for tension headaches or dry eye syndrome.

The Veteran does not have a current right ankle, low back or neck disability that is related to service. The Board finds no evidence of chronic disabilities at the time of discharge and there is no competent medical evidence linking any current disabilities to service.

The Veteran's service-connected disabilities do not render her helpless as to be in need of the regular aid and attendance of another person, nor does she meet the criteria for housebound status.

The Veteran's loss of neck motion following surgery for parotid gland cancer in February 2006 is not considered to be due to VA carelessness, negligence, or fault. The event was reasonably foreseeable.

The Veteran's appeal for an increased rating for PTSD was denied. The issue remains in controversy as the effective date of the increased rating is not addressed.

The Veteran's cervical spine disorder is manifested by chronic moderate to severe pain with flare-ups requiring rest for up to several days. There is moderate limitation of motion, and the Veteran has difficulty lifting objects and working overhead but can still drive an automobile, perform household tasks, and participate in some forms of recreation such as fishing and dancing. The criteria for a rating in excess of 20 percent have not been met at any time during the period covered by this appeal.

The Board has again remanded the claims due to deficiencies in a medical nexus opinion obtained, and further development is needed.

The Veteran's back and cervical spine disorders are not service-connected, and the VA did not cause his increased disability through negligence or fault.

The Board found that the Veteran's upper back disability is not due to, the result of, or aggravated by her service-connected left leg disabilities.

The Board finds that the Veteran's current cervical spine and thoracic spine conditions are likely due to injuries sustained during his active service, granting service connection for these disabilities.

The Veteran's appeal is remanded for further development, including a neurological examination to determine if he has any service-connected cervical spine disability-related neurological symptoms.

The Board finds that the Veteran's current lumbar and cervical spine disorders are more likely than not a result of his back injury during active duty for training (ACDUTRA) in 1983, which he has consistently attributed to service. The claims are granted.

The Veteran's service-connected disabilities do not result in the permanent loss of use of a hand or foot, nor does she have ankylosis of either knee and/or hip. As such, she is not eligible for assistance in acquiring an automobile with special adaptive equipment.

The VA determined that the Veteran's current neck disability is not related to his service, including an in-service injury during combat.

The Board has remanded the case for additional development, including obtaining VA examinations and medical opinions regarding the Veteran's cervical spine disability, lower back disability, bilateral shoulder disability, and hypertension.

The Veteran's claims for increased ratings and service connection were generally granted, with some issues remanded. The cervical spine disability was granted a higher rating after April 26, 2006, while other conditions like gastritis, hemorrhoids, headaches, carpal tunnel syndrome in the left wrist, PTSD, tinnitus, hypertension, and vertigo/dizziness (claimed as dizziness) were not established as service-connected.

The Veteran's appeal is being remanded to obtain additional service records and for further examination. The claims will be re-adjudicated after the development.