Neck / cervical spine decisions — 2011

The Board has determined that a VA medical opinion is necessary to decide the claim of service connection for the cause of the Veteran's death. The appellant claims her husband had silent heart attacks in service, and his cervical spine, lumbar spine, and left small toe disabilities may have contributed to his heart disease.

The VA denied increased disability evaluations for mechanical low back pain and degenerative disc disease of the cervical spine, as these conditions do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's cervical spine disability did not meet the criteria for a higher rating of 30 percent from June 23, 2005 to April 23, 2008.

The Board denied the claims of service connection for psychiatric, cervical spine, lumbar spine, and bilateral hip disabilities. The appeal is not about service connection at all.

The Veteran's diabetes mellitus is rated at 20 percent, and his residuals of a fracture of the cervical spine with traumatic arthritis, disc herniation at C6-7 are rated at 20 percent for orthopedic manifestations and separately at 20 percent each for mild incomplete paralysis of the right upper extremity and left (dominant) upper extremity. The Veteran's TDIU claim is granted.

The Board has determined that the Veteran's low back, left knee, and cervical spine disorders are related to his active service. The claims for these conditions have been granted.

The Board has determined that a new VA examination is needed to determine the etiology of the Veteran's current cervical spine disorder and whether it is related to his service, including the 1996 inservice football injury. The Veteran's claim for service connection will be remanded.

The Veteran's cervical spine disability is currently rated at 20 percent, but the Board has determined that a higher rating of 30 percent is warranted based on functional loss due to pain and other symptoms.

The Board determined that the Veteran's cervical spine disability warranted a 10 percent evaluation prior to August 11, 2010 and a 20 percent evaluation since then.

The Veteran's cervical spine disability was not rated higher than 10 percent prior to April 15, 2010.,The Veteran's cervical spine disability is currently rated at 20 percent effective from April 15, 2010.

The Board has determined that the Veteran's current umbilical hernia is not related to his service and therefore denied his claim for service connection.

The Board denied service connection for all claimed conditions, including acquired heart disease, COPD, neck disability, back disability, and psychiatric disorder. The reasons were that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's cervical spine strain and headaches were found to not warrant a higher rating prior to July 21, 2010. Since then, his condition has been rated at 10 percent for the period since July 21, 2010.

The Board found that the Veteran's current thoracolumbar and cervical spine disabilities are not related to his service-connected bilateral knee disability, and thus denied both claims.

The Board has remanded the case due to incomplete unit records for the Veteran's account of an in-service injury. The claim will be returned after compliance with the requested development.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation, thus denying the claim for TDIU on accrued benefits purposes.

The Veteran's service-connected disabilities have a combined rating of 80 percent and preclude substantially gainful employment, allowing for the grant of TDIU.

The Board has determined that the Veteran's current neck disability, including torticollis and cervical spine arthritis, was not incurred in or aggravated by his military service. The hearing loss is also not presumed to be related to military service due to lack of evidence showing it within one year post-service. Therefore, both conditions are denied.

The Veteran's claim for special monthly pension based on the need for aid and attendance or being housebound is denied as he does not meet the criteria for either condition.

The Board has determined that the Veteran's cervical spine and right shoulder disabilities are related to his in-service injuries, granting service connection for these conditions.