Neck / cervical spine decisions — 2011

The Veteran's cervical spine disability has been rated at 40 percent since April 12, 2006. Prior to that date, the disability was rated at 30 percent.

The Board has remanded the case for further development, including a VA examination to address the issue of secondary service connection for neurological manifestations in the left upper extremity.

The Board found that the appellant's additional disability was not caused by VA carelessness, negligence, or error in judgment and was not a foreseeable event. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the Veteran's current low back and cervical spine disabilities are not related to an in-service right buttock contusion, thus denying service connection for these conditions.

The Board found no evidence that any current cervical, low back, or left knee disability is related to service. The Veteran's complaints and diagnoses are not linked to his military service.

The Veteran's claim for service connection for a cervical spine disorder is being remanded due to the need for additional development, including obtaining medical records and conducting an examination.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, low back strain, diabetes mellitus, cervical strain, and multiple knee conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has determined that a TDIU rating is warranted based on the combined effect of these disabilities.

The Board found no evidence of a current cervical spine disability or chronic headache disorder related to service. The Veteran's gastrointestinal disorder is not proximately due to or aggravated by medications for his service-connected low back disability.

The Board denied the Veteran's claim of service connection for a neck disability, finding that there was no competent and credible evidence linking his current condition to his military service.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine is at least as likely as not aggravated by her service-connected right foot disorder, and thus grants service connection for this condition on a secondary basis.

The Veteran's service-connected lumbar and cervical spine disabilities, including associated lower extremity neurologic manifestations, are granted. The case is remanded for further development.

The Board has determined that the Veteran's cervical spine condition was not incurred or aggravated by his military service and is not related to his service-connected lumbar spine disability.

The Veteran's claims for cervical spine disorder, lumbar spine disorder, and migraine headaches are being remanded due to the need for additional medical examinations.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and medical records from private providers. A VA examination will also be conducted to determine the nature and etiology of his lumbar and cervical spine disabilities.

The Board found no evidence of a cervical spine disability in service and denied the claim for service connection.

The Veteran's appeal is being remanded for additional examinations and opinions to determine the severity of his service-connected disabilities, as well as to address the etiology of his bilateral hearing loss and tinnitus. The claims will be readjudicated after these actions.

The Board has determined that the Veteran's claims of clear and unmistakable error in various rating decisions are mixed, with some issues being granted and others denied. The Veteran is seeking service connection for a variety of conditions including flatfeet/pes planus, neck muscle strain, wrist disorders, arthritis, cervical spine disorder, carpal tunnel syndrome, peripheral vascular disease, asthma, rhinitis, sleep apnea, conjunctivitis, hyperlipidemia, and sinusitis.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of these claims as he is no longer alive.

The Veteran's appeal is remanded for additional development, including a new VA examination and obtaining updated treatment records. The case will also be reviewed to determine if entitlement to TDIU should be granted.

The Veteran's claims for service connection of left shoulder disorder, cervical spine disorder, and right foot disorder are being remanded due to the need for additional development. The claim for an increased evaluation for PTSD remains pending.