Neck / cervical spine decisions — 2010

The Veteran's cervical spine disorder is found to be related to service, and the claim for service connection is granted. The psychiatric disorder claim remains pending as it was not addressed in the original decision.

The Veteran's claims of entitlement to increased disability ratings for his service-connected lumbar and cervical spine disabilities are being remanded due to the need to obtain additional evidence from SSA.

The Veteran's claim for service connection for a back disorder is being remanded due to the need for additional medical examination and records.

The Board denied the Veteran's claims for service connection for a left shoulder disorder, cervical spine disorder, and stroke residuals. The Veteran did not have any in-service complaints or diagnoses related to these conditions.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's claimed disabilities are related to his military service.

The Board has determined that further development is required before the claims on appeal may be adjudicated. The Veteran needs to undergo a VA examination for his back, neck, and arthritis conditions, as well as a psychiatric evaluation to determine if he has PTSD and its etiology.

The Veteran's original claim of service connection for scars of the head and neck was filed on October 26, 1971. The effective date is now set at October 26, 1971.

The Veteran's claims for service connection for various conditions, including a left knee disorder, neck disorder, lumbar spine disorder, gastroesophageal reflux disease (GERD)/hiatal hernia, irritable bowel syndrome, and erectile dysfunction, were denied. The RO also denied his claim for an initial compensable evaluation for a scar of the right buttock.

The Veteran's combined disability rating is 50 percent, which does not meet the criteria for a TDIU. However, his service-connected disabilities may render him unemployable due to their severity and nature. The claim will be referred to the Director, Compensation and Pension Service, for extraschedular consideration.

The Board has granted service connection for sleep apnea and an increased rating for degenerative disc disease of the cervical spine.

The Veteran is seeking service connection for a cervical spine disability and right lower extremity radiculopathy that he believes are related to his service-connected lumbar spine disability. The Board has determined that additional development, including VA examinations, is needed before the claims can be decided.

The Veteran's claim for a rating in excess of 30 percent for his cervical spine disability, to include a rating in excess of 20 percent earlier than July 23, 2007, was denied. The Board found that the evidence did not meet the criteria for such a higher rating based on limitation of motion or unfavorable ankylosis. Service connection claims for right knee and right big toe conditions were also denied.

The Veteran's claims for increased evaluations of his service-connected knee, neck, back, and PTSD disabilities were denied. The Board found that the current evaluations did not adequately reflect the severity of the disabilities.

The Board found that the Veteran's death was not caused by a service-connected disability and denied the claim.

The Board denied service connection for psychiatric disability, cervical spine disability, and right knee disability. The Veteran's claims were not decided on the merits of these conditions.

The Board denied the Veteran's claims for service connection for hiatal hernia, gastroesophageal reflux disease (GERD), and degenerative joint disease of the cervical spine. The Veteran's PTSD claim was also denied. Claims regarding a right foot and ankle disability and scoliosis with degenerative joint disease were not reopened due to lack of new and material evidence. A higher rating for recurrent right shoulder dislocation with degenerative joint disease prior to January 7, 2008, was also denied.

The Veteran's appeal is being REMANDED to the RO for further development, including scheduling VA examinations and obtaining medical records.

The Board has determined that the Veteran's bilateral hearing loss and cervical spine disorder were not incurred in or aggravated by military service, and therefore denied his claims for these conditions.

The Veteran's death was determined to be service-connected, and he was in need of regular aid and attendance due to his service-connected disabilities. The Appellant is therefore entitled to accrued benefits for SMC based on the need for aid and attendance.

The Veteran's right lower extremity sciatica is service connected, but his cervical spine degenerative disc disease does not warrant a higher initial evaluation.