Neck / cervical spine decisions — 2011

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's cervical spine disability and associated radiculopathy of the upper extremities have not met the criteria for a higher schedular rating under the applicable diagnostic codes.

The Veteran's claims for service connection for a shoulder disability and leg disability were denied. The claim for an initial rating in excess of 10 percent for compression fracture, C-6 with degenerative disc disease of the cervical spine was granted (10%). However, the claim for a higher rating since March 31, 2005, remains denied.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because there is no competent evidence to show that the additional disabilities she suffers are caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA when conducting her June 1997 breast reduction surgery.

The Board has denied all claims for initial compensable evaluations, finding no indication of ongoing or new symptoms that would warrant a higher evaluation.

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is not entitled to a TDIU.

The Board has determined that the Veteran's residuals of a left wrist laceration do not warrant an initial schedular disability rating in excess of 10 percent.

The Board has determined that the VA examination report is inadequate and requires clarification. The case is being remanded for further development, including obtaining retired military treatment records and clarifying the opinions provided in the January 2007 VA examination.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not meet the criteria for reopening his claim of cervical spine disability, and also denied his requests for higher ratings for his right shoulder and left shoulder disabilities.

The Veteran's claim is being remanded for additional development, including obtaining updated treatment records and arranging for orthopedic and skin examinations to assess the severity of his service-connected disabilities.

The Board has determined that the Veteran's claimed scar of the neck and cervical spine disabilities are not service-connected as they were not incurred or aggravated during his period of active military service.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's cervical spine disability is rated at 20 percent, and his thoracolumbar traumatic arthritis is rated at 40 percent. The Board granted the Veteran a TDIU rating effective from June 26, 2007.

The Board has determined that there is sufficient evidence to support the Veteran's claim of service connection for schizophrenia and finds it at least as likely as not related to his military service. The issue of secondary service connection for a cervical spine disability remains pending.

The Veteran's combined schedular rating for his service-connected disabilities is 60 percent, which does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Veteran's claim for an increased rating for his service-connected cervical spine disc disease is being remanded due to the need for additional VA examinations and consideration of neurological impairment.

The Veteran's hepatitis C is currently rated as noncompensable, but the Board has determined that a 10% rating is warranted. The cervical spine disability is rated as noncompensable and service connection is granted.

The Board has determined that the Veteran's claimed disabilities are not service-connected, with no current evidence of chronic left knee disability, cervical spine disability, thoracolumbar spine disability, or bilateral hearing loss. The claims for these conditions have been denied.

The Veteran's appeal is being remanded for additional medical examination and development of her claims, including a TDIU claim.

The Board has granted the Veteran's claim for secondary service connection for a cervical spine disability.