Neck / cervical spine decisions — 2011

The Board denied the Veteran's claims for service connection for a lumbar spine disability and cervical spine disability, finding that new and material evidence had not been submitted to reopen the claim for a lumbar spine disability and that his current cervical spine disability was not incurred in or aggravated by his active service.

The Veteran's appeal is remanded due to incomplete service records and the need for further examination regarding his hearing loss, tinnitus, and potential service connection claims.

The Veteran's appeal is being remanded for a Travel Board hearing and further development.

The Veteran's appeal is being remanded for additional development to determine his eligibility for TDIU and special monthly compensation based on the need for aid and attendance or by reason of being housebound.

The Veteran's service-connected cervical DDD is currently rated at 10 percent, and the evidence does not support a higher rating based on current disability levels.

The Veteran's cervical spine disorder is being remanded for further examination and opinion regarding whether it is secondary to his service-connected lumbar spine disorder.

The Board has granted service connection for the Veteran's low back disorder and found that his current cervical spine, left knee, and right knee disorders are related to his in-service trauma. The appeal is now limited to determining if these secondary service connection claims should be granted.

The Board found that the Veteran's current lumbar and cervical spine disabilities are unrelated to his military service, including symptoms he experienced in service. The claims for service connection were denied.

The Board found that the Veteran's lumbar, thoracic, and cervical spine disorders are not attributable to his period of service.

The VA determined that the Veteran's neck disability is not service-connected, as there was no evidence of a direct connection to his military service. The Board found insufficient medical evidence to support a finding that the current neck disability is related to an in-service motor vehicle accident or secondary to his service-connected low back disability.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge at the RO.

The Board found that the Veteran's current low back and neck disorders are not related to his active service, including any exposure to Agent Orange or other environmental factors. The evidence does not support a finding of continuity of symptoms since service.

The Veteran's appeal of the increased rating for status post left knee anterior horn tear and lateral meniscus tear was withdrawn prior to a decision being made. The cases of his lumbar spine and cervical spine disabilities, as well as his headache disability and acquired psychiatric disorder are remanded for further development.

The Board has granted service connection for the Veteran's cervical and lumbar spine disabilities, but denied his claims for increased evaluations and service connection for a penis disability including laceration scars and scars due to poison ivy, as well as Peyronie's disease. The initial evaluations were assigned based on new evidence that reopened the previously denied claims.

The Veteran's appeal for an increased rating for her service-connected cervical spine disability has been dismissed as she withdrew the appeal in October 2010.

The Veteran's claim for an effective date prior to March 12, 1999 for the initial grant of TDIU was granted. The Board found that the April 9, 1992 VA Form 9 constituted an informal claim and determined that the Veteran met the schedular criteria for a total rating based on individual unemployability as of April 9, 1992.

The Veteran's neck disability results in limited forward flexion of the cervical spine, but does not result in muscle spasm or guarding severe enough to cause abnormal gait or spinal contour. Therefore, a rating higher than 10 percent is not warranted.

The Veteran's claims for increased ratings for residuals of comminuted spiral fracture of the left tibia and fibula with post traumatic arthritis of the left ankle, and post traumatic arthritis of the cervical and thoracic spine have been granted. The Veteran is now receiving a 20 percent rating for each condition.

The Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's cervical spondylopathy and degenerative changes at C3-C4, as well as his low back syndrome with herniated nucleus pulposus at L3-L4, have been granted service connection. The effective date for these benefits is July 14, 2004.