Neck / cervical spine decisions — 2011

The Veteran's appeal is being remanded for further development, including a new VA examination to evaluate the severity of his service-connected disabilities and an opinion on whether he is unemployable due to these conditions.

The Veteran's spine disabilities are being remanded for additional development, including obtaining records from a private care physician who treated the Veteran.

The Board denied the Veteran's claim for service connection for a head scar, residual of a traumatic head injury in November 2003. The Veteran has submitted new evidence that does not relate to an unestablished fact necessary to substantiate his claim.

The Veteran's service-connected lumbar disc disease, L5-S1, with scoliosis and spondylosis is currently rated at 20 percent. The Veteran's service-connected degenerative disc disease of the cervical spine with spondylosis is also rated at 20 percent.

The Board found that no new and material evidence had been submitted to reopen the Veteran's claims for service connection for a cervical spine strain, schizophrenia, right ear hearing loss, degenerative joint disease of the lumbar spine, or fibromyositis. The effective dates for increased disability ratings were also denied.

The Board denied the appellant's claim of entitlement to compensation under 38 U.S.C.A. § 1151 for residuals, anterior cervical discectomy C5-6, status-post fusion due to VA lack of proper care/negligence in providing surgical treatment because the newly received evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that the Veteran does not have a current diagnosis of any service-connected right hip/thigh, left ankle, or cervical spine disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling VA examinations to address the nature and etiology of his claimed disabilities.

The Board has remanded the case for further development, including a VA examination to determine the current nature and severity of the Veteran's cervical spine disability. The claim will be reconsidered following this additional evidence.

The Board denied the Veteran's claims for service connection for a cervical spine disorder and right knee disability, finding that his pre-existing conditions did not worsen during active military service.

The Veteran's claims of entitlement to service connection for left knee, right knee, and cervical spine disorders have been remanded due to the need for additional evidence.

The Veteran's claims for an increased rating for his left shoulder disability and service connection for a cervical spine disability are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA orthopedic examination.

The Board has determined that the Veteran does not have a current left lower extremity disability due to service, but his service-connected degenerative disc disease of the lumbar spine warrants an initial rating of 20 percent. The anxiety disorder is rated as 30 percent disabling.

The Board has determined that additional development is needed in order to properly adjudicate the appellant's claims, including obtaining medical opinions and considering his total disability rating based on individual unemployability.

The Veteran's cervical injury and acid reflux claims are being remanded for additional development, including obtaining treatment records from a chiropractor and arranging for VA examinations to address the onset and etiology of these conditions.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for back and neck disabilities, finding that any current conditions are not related to his military service.

The Board has granted service connection for a right shoulder disability, a cervical spine disability, and a headache disorder. These conditions are related to injuries sustained during active military service.

The Veteran's claim for an increased rating for chronic right shoulder strain was denied as she failed to report for a necessary VA examination. The claim is also denied due to the lack of evidence showing unemployability.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, consistent with his education and occupational experience.

The Veteran's appeal is being remanded for additional development, including examinations and the provision of outstanding medical records.