Neck / cervical spine decisions — 2011

The Veteran's cervical spine disability is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating based on current symptoms.

The Board found that the Veteran's disabilities from a 2000 motor vehicle accident, including cervical cord contusion with myelopathy, traumatic brain injury (twice), seizure disorder, and left-sided hemiparesis, are due to his own willful misconduct.

The Board denied the Veteran's claims of service connection for right and left scapula disorders, entitlement to increased ratings for dorso-lumbar strain and tinnitus, and a compensable rating for bilateral hearing loss. The Veteran's cervical spine disability was rated based on its current manifestations.

The Board has granted the Veteran's petition to reopen her previously denied claim for service connection for a bilateral knee disorder. The Veteran now seeks service connection for this condition, which she contends is secondary to her service-connected lumbar spine disability.

The Veteran's appeal was denied as her service-connected herpes and pilonidal cyst scar did not meet the criteria for higher ratings. Her initial rating for herpes remains at 10 percent, while her pilonidal cyst scar continues to be rated noncompensable.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including the provision of an updated VA examination and readjudication.

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

The Board has determined that the Veteran's current cervical spine disabilities, including cervical spondylosis, degenerative disc disease, and degenerative joint disease, are at least as likely as not incurred during his military service due to a motorcycle accident in 1972.

The Veteran has withdrawn his appeal, and the case is dismissed.

The Board found that a cervical spine disorder is causally related to an injury incurred during INACDUTRA and granted service connection for the condition.

The Board has determined that further development is necessary before the claims can be adjudicated, including obtaining service personnel records and SSA records.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for a cervical spine disability. The Veteran's cervical spine disability, characterized as cervical spondylolisthesis or post-traumatic arthritis, is etiologically related to his active service.

The Veteran's appeal regarding earlier effective dates for service connection and TDIU was dismissed as the issues were withdrawn. The claim for an earlier effective date for TDIU is denied.

The Veteran's claims for hepatitis and neck disability were denied as new and material evidence was not received. The claim for lumbosacral strain had its rating reduced, but the Veteran is still entitled to a higher rating from July 27, 2010.

The Board denied service connection for any acquired psychiatric disorder, including PTSD. The Veteran's claim was not reopened.,The Board denied service connection for residuals of a neck injury and back disability. The Veteran's claims were not reopened.

The Board has denied the Veteran's claims for service connection for cervical spine and lumbar spine disorders. The Veteran's PTSD claim is pending, with increased evaluations being addressed in a separate remand.

The Veteran is seeking service connection for degenerative disc disease of the cervical spine with cervicalgia and headaches. The Board has determined that additional development, including obtaining MEB records and VA examinations, is necessary to determine if these conditions are related to his military service.

The Board denied service connection for cervical and lumbar spine disabilities, finding that the Veteran's current conditions were not incurred or aggravated by his military service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and verifying her 1998 motor vehicle accident. The examiner will be asked to address whether her in-service employment as a dental assistant or her heavy breasts caused or aggravated her current spine disabilities.