Neck / cervical spine decisions — 2011

The Board has denied the Veteran's claim of entitlement to service connection for a neck disorder, finding that new and material evidence was not submitted. The current cervical spine disability is considered direct service connection.

The VA determined that the Veteran's current disability was not caused by carelessness, negligence, or similar instance of fault on the part of VA in providing medical treatment. The Board found no evidence to support a finding of additional disability.

The Veteran's claim for a TDIU on an extraschedular basis was denied as his service-connected disabilities do not prevent him from securing and following any substantially gainful occupation.

The Board found that the cervical spine disability and shoulder arthritis were not incurred in or aggravated by service, and are not otherwise related to service.

The Veteran's service-connected cervical spine disability is rated at 20 percent, which more nearly approximates the criteria for a 20 percent rating due to functional loss.

The Veteran's claims for increased disability rating and TDIU are being remanded due to the need for additional development, including obtaining VA medical records and scheduling a VA examination.

The Veteran's service-connected cervical spondylosis is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran seeks service connection for various conditions, including a cervical spine disorder, bilateral shoulder disorder, right elbow disorder, and sinusitis. The Board has determined that the current VA examination opinions are inadequate to determine whether these conditions are related to service or service-connected disabilities, and thus remanded the case for further development.

The Board has determined that the Veteran's cervical spine disorder, with bilateral upper extremity neurological manifestations, is attributable to his military service, particularly to the May 2001 bus accident. As a result, the claim for service connection is granted.

The Board has remanded the Veteran's claims for service connection for low back and neck disabilities due to a lack of an adequate rationale in the previous VA examination, requiring further development including obtaining medical records and scheduling another VA examination.

The Veteran claims service connection for a cervical spine disorder, which he contends is secondary to his service-connected degenerative arthritis of the lumbar spine. The Board has ordered remand due to the need for an addendum opinion regarding the relationship between the cervical spine disorder and the service-connected degenerative arthritis of the lumbar spine.

The Veteran's degenerative arthritis of the cervical spine was caused by his service-connected residuals of a shell fragment wound to the thoracic spine, and he is granted service connection for this condition.

The Board has remanded the case to the RO for further development of the evidence and for due process development.

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need for additional medical examinations.