Neck / cervical spine decisions — 2010

The Board has determined that the Veteran does not have current diagnoses of hemorrhoids, cervical spine disability, left eye disability, or psychiatric disability (including PTSD) related to service. As a result, the claims for these conditions are denied.

The Board has remanded the case for additional development and readjudication due to issues related to service connection for cause of death and entitlement to Dependency and Indemnity Compensation (DIC) pursuant to 38 U.S.C.A. § 1318.

The Board has granted an initial 20 percent evaluation for the service-connected cervical spine disability, effective from January 2004. The Veteran's claim for TDIU remains pending.

The Veteran's cervical spondylosis was incurred during active service.,There is no credible evidence to support the Veteran's claim that he currently suffers from varicose veins that began in service. The Board finds that his current recollection of this condition is unreliable.

The Veteran's service-connected low back and cervical spine disabilities render him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Board found that the Veteran has overcome the effects of her service-connected disabilities and does not need vocational rehabilitation benefits.

The Veteran's cervical spine and lumbar spine disabilities have been rated at 10 percent since June 4, 2007. The RO has granted the requested ratings.

The Veteran's claims for service connection have been granted for degenerative disc disease of the lumbar spine with spinal stenosis, a cervical spine disability (claimed as neck pain), and a neurologic disability of the legs (numbness and tingling). Service connection is also established for cardiovascular disability (chest pain).

The Board found no evidence of cold weather injuries to the neck, shoulders, or low back during service and concluded that current disabilities are not related to in-service exposure. Service connection for these conditions was denied.

The Veteran's substantive appeal for the December 2005 rating decision was timely filed, and the Board found that the appeal should be considered as having been submitted on October 11, 2007.

The Veteran's claim for service connection for a cervical spine disability and fatigue is being remanded due to the need for clarification of the medical opinion regarding causation.

The Veteran's appeal is being remanded for further development, including an examination to assess his employability and consideration of whether he meets the criteria for a TDIU on an extraschedular basis.

The Veteran is permanently and totally disabled due to service-connected disabilities, including her left hip and spine conditions, which together with the residuals of her organic injuries so affect her balance that she cannot locomote without a cane or walker. The criteria for specially adapted housing assistance have been met.

The Veteran's appeal is being remanded for further development, including obtaining medical records and providing additional examinations to address the nature and etiology of his cervical and lumbar spine disorders, hearing loss, and major depressive disorder. The RO will also clarify the disability rating assigned to his service-connected malaria.

The Veteran's service-connected thoracolumbar spine disability is currently rated at 40 percent, which is the maximum schedular rating available. The cervical spine disability is also rated at 30 percent, which is also the maximum schedular rating available.

The Veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected cervical spine strain and headaches. Separate disability ratings may be considered if warranted.

The Board has determined that the Veteran's current cervical spine disabilities were aggravated by her service-connected headaches, and therefore grants service connection for residuals of a cervical spine injury.

The Veteran's claims for increased ratings for lumbar and cervical spine disabilities were denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied service connection for a psychiatric disorder, including PTSD, and for a cervical spine disorder, including secondary degenerative joint disease of the lumbosacral spine. The Veteran's claim was based on allegations of in-service stressors and abuse by her ex-husband, but there were no verified in-service stressors or evidence linking any diagnosed conditions to service.

The Board has remanded the case for further development due to the Veteran's failure to report for a VA examination scheduled in February 2010.