Neck / cervical spine decisions — 2010

The Veteran's claim for an earlier effective date for TDIU benefits was denied as there is no evidence of unemployability prior to December 13, 2007. The RO found that the Veteran did not meet the schedular criteria for a TDIU before this date.

The Veteran's claim for a higher rating for his cervical spine disability was denied as the evidence did not support an evaluation in excess of 10 percent.

The Board has determined that the Veteran's cervical and lumbar spine disorders are not related to his active military service, and thus denied the claims for service connection.

The Veteran's appeals for service connection for asbestosis, coronary artery disease, headaches, visual disorder, and cervical spine disorder were denied. The claims were withdrawn by the Veteran prior to a decision being made.

The Veteran's claims for increased ratings are being remanded to allow for additional development of his medical records and a new VA examination.

The Veteran's service-connected disabilities did not render him eligible for TDIU from August 30, 2004 to September 9, 2009 under the schedular percentage requirements. However, he was denied TDIU as his disabilities alone did not prevent him from securing and following substantially gainful employment.

The Veteran's hearing loss claim is denied as there is no evidence of a current disability meeting VA criteria for service connection. The numbness claims are pending and the cervical spine/lumbar spine disability remains at 10%.

The Veteran's cervical spine disorder is currently rated at 20 percent, but the Board finds that new and material evidence has been received to reopen his claims for dorsal and lumbar spine disorders. The appeal is mixed as it involves both service connection issues and a request for an increased rating.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of his claimed disabilities and whether they are related to service.

The Veteran's appeal was timely filed, but the criteria for establishing entitlement to vocational rehabilitation benefits pursuant to Chapter 31 of Title 38, United States Code, have not been met.

The Veteran's cervical spine disability is currently rated as 30 percent disabling. He is also entitled to a separate, compensable evaluation for left upper extremity radiculopathy. The Board denied the Veteran's claim of entitlement to TDIU benefits.

The Board has remanded the case due to the need for further development, including a VA examination and a hearing before a Veterans Law Judge.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, a right knee disability, and a cervical spine disability. The decision also determined that new and material evidence had not been presented to reopen his claim for service connection for bipolar disorder.

The Board has determined that the Veteran does not have a neck disability, hearing loss, or prostate cancer that is attributable to his periods of active military service. However, it is as likely as not that the Veteran's prostate cancer is related to herbicide exposure during his period of active military service.

The Veteran's appeal is being remanded due to the need for additional development, including scheduling a videoconference hearing.

The Veteran's service-connected degenerative disc and joint disease of the lumbar spine has been rated at 10 percent since separation from service. The cervical spine disability was initially rated as noncompensable, but was increased to 10 percent effective March 24, 2006.

The Veteran's appeal for service connection for a bilateral knee disability has been withdrawn. The case is being remanded to the RO for additional development related to her claims of cervical dysplasia and adjustment disorder.

The Veteran's cervical spine disability was granted an increased rating to 20 percent effective December 8, 2008. The other claims were denied.

The Veteran's degenerative intervertebral disc disease of the lower cervical spine is currently rated at 10 percent, and does not meet the criteria for a higher rating.

The Board found that the Veteran's disabilities resulting from a November 1961 motor vehicle accident were due to his own willful misconduct, and thus not incurred in line of duty. As such, service connection for these conditions was denied.