Neck / cervical spine decisions — 2011

The Board denied the Veteran's claims for service connection due to lack of evidence linking his current conditions to his active service.

The Board has granted the Veteran's claim for service connection for headaches. The Board also finds that there is sufficient evidence to support a grant of service connection for neck, back, and bilateral forearm disabilities due to an in-service injury sustained during ACDUTRA duty.

The Board has remanded the case to the RO for further development and consideration of new evidence, including a review of the May 2004 VA medical opinion.

The Veteran's appeal has been dismissed as he withdrew his request for a hearing and the matter is no longer pending.

The Board has determined that there is no evidence of a chronic low back or neck disability related to service, and thus the Veteran's claims for these conditions are denied.

The Veteran's claims for higher ratings for his service-connected cervical spine and right knee disabilities are being remanded due to the need for additional examinations to assess current disability levels.

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations. The issues include rating claims for various disabilities, as well as service connection for shoulder disorders.

The Veteran's service connection claim for bilateral plantar hyperkeratosis with pes cavus and hammertoes is granted. The other issues of service connection are dismissed as the Veteran withdrew them at his hearing.

The Board has remanded the case for scheduling a Travel Board hearing as requested by the Veteran. The appeal is not decided on the merits of any service connection claims.

The Veteran's lumbar and cervical spine conditions were rated, with the lumbar condition receiving a 40% rating effective from April 1, 2004. The Veteran also received separate ratings for radiculopathy in both upper and lower extremities.

The Board has determined that the Veteran's claims of service connection for various conditions, including asthma, mouth surgery, and right ear hearing loss, have been granted. The decision also indicates that the Veteran withdrew his appeals regarding other issues.

The Board has determined that additional development is needed for the claims, including obtaining Social Security Administration records and VA treatment records. The appellant's cervical spine and low back disabilities are being evaluated based on their relation to service, while his eye disability will require a new examination. A right knee evaluation is also required, as well as an assessment of whether TDIU should be granted.

The Board found no evidence to support a service connection for the Veteran's right shoulder disorder, as her current condition is not related to her period of active duty service. The other claims were also denied.

The Veteran's cervical stenosis is currently rated at 20 percent, effective from November 1, 2006. The claim for higher ratings for the service-connected left and right upper extremity disabilities are addressed in the REMAND portion of this decision.

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional evidence and an examination.

The Board has reopened the Veteran's claim for service connection for tension headaches and granted service connection. The Veteran also had his claim for a cervical spine disability related to an in-service injury accepted by the Board.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support granting higher disability ratings for her service-connected conditions.

The Board denied the Veteran's claims for service connection for a cervical spine disability and an increased rating for postoperative residuals of right femur fracture with right lower extremity shortening. The claim for an increased rating for low back strain was also denied.,Service connection was granted for the postoperative residuals of right femur fracture, but at a 20 percent evaluation.

The Veteran's cervical spine disability is currently rated at 20 percent before December 11, 2009 and increased to 20 percent from December 11, 2009. The rating was granted as the disability more nearly approximates a condition characterized by pain and stiffness with limitation of flexion.

The Board has granted a 10 percent initial rating for the Veteran's neck pain, associated with surgical scar and residuals of neck carbuncle. The condition is productive of slight limitation of motion but not severe enough to warrant higher ratings.