Neck / cervical spine decisions — 2011

The Board has remanded the case for scheduling a Veteran's videoconference hearing at his local RO due to his request. The appeal is not about service connection, but rather temporary total evaluation under 38 C.F.R. � 4.30.

The Veteran's claim for a rating in excess of 30 percent for his cervical spine disability was denied. The Board found that the evidence did not show incapacitating episodes of intervertebral disc syndrome or ankylosis, and therefore, no higher ratings could be assigned.,The Veteran's claim for a compensable rating for multiple scars of the scalp and neck is pending as it will be addressed in the REMAND portion of this decision.

The Board has found that the Veteran's cervical spine condition and headache disorder are incurred in service, meeting the criteria for direct service connection.

The Board has reopened the claim for service connection for PTSD and granted it. Service connection is also granted for hypertension, but not for degenerative joint disease of the lumbar spine, cervical spine, right shoulder, left shoulder, trembling of the right hand, or loss of memory.

The Veteran's appeal is being remanded for additional development, including obtaining VA vocational rehabilitation records and medical records from February 2005 to the present. Additionally, a new VA examination is needed due to the possibility of worsening in her service-connected cervical spine injury.

The Board has ordered additional development due to the need for information from Social Security Administration (SSA) regarding disability determinations and medical records.

The Board has remanded the case due to incomplete service treatment records and will consider all issues on appeal once these records are obtained.

The Veteran's lumbosacral strain with degenerative disc disease and limitation of motion is rated at 40 percent, which is the maximum schedular rating available. The right and left knee disabilities are each rated at 10 percent for arthritis and limitation of motion.

The Board has determined that the Veteran's lumbar spine disability began in service and has continued since, granting service connection for this condition.

The Board found that the Veteran's cervical spine disability did not warrant a higher rating and his varicose veins, right leg medial aspect, early, also did not meet criteria for an increased rating.

The Veteran's claims for service connection for bilateral shoulder pain, left arm pain, headaches, and neck pain have been denied as there is no evidence of a current disability or a link to service. The available service treatment records are unavailable.

The Veteran's claim for service connection for urinary frequency, lumbar spine disorder, bilateral lower extremity neurological disorder, amnestic disorder, and cervical spine disorder is denied as the preponderance of evidence does not support a finding that these conditions are related to his military service.

The Veteran's appeal is being remanded for a Travel Board hearing at the St. Petersburg, Florida RO.

The Board has remanded the case for further action due to scheduling issues, including arranging a Travel Board hearing.

The Veteran's claims for service connection for cervical spine and respiratory disorders have been reopened, but the underlying claims remain denied.,Service connection was not established for DDD of the cervical spine with cervical strain or a respiratory disorder.

The Board found no evidence linking the Veteran's current cervical disc disease and left shoulder disorder to his military service, including an alleged accident during service. The claims were denied.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability and granted service connection. The Board also found that the Veteran's cervical spine disability is at least as likely as not related to his period of service.

The Veteran's claims for higher initial ratings for cervical spine and thoracolumbar spine disabilities were denied as there is no evidence of a current disability that meets the criteria for an increased rating.

The Veteran's service-connected arthritis of the knees, cervical spine, elbows, and hands, along with his hiatal hernia, contributed to his death due to pneumonia and adult respiratory distress syndrome.

The Veteran's combined disability rating is only 50 percent, which does not meet the minimum threshold requirements for an award of TDIU benefits under 38 C.F.R. § 4.16(a). The case is REMANDED to consider whether his service-connected disabilities would as likely as not preclude gainful employment.