Neck / cervical spine decisions — 2011

The Veteran has an additional cervical spine disability as a result of VA cervical surgery in June 2003, and the evidence is in equipoise as to whether this disability was caused by carelessness or negligence on the part of VA.

The Board has determined that the Veteran's claimed low back, right knee, left knee, and neck disabilities were not incurred or aggravated during active service. The evidence does not support a finding of service connection for any of these conditions.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the left ear hearing loss did not warrant a compensable evaluation.

The Board has determined that the Veteran's lumbar spine disorder was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The cervical spine and left shoulder disorders are currently unresolved issues.

The Veteran's service-connected herniated nucleus pulposus with spondylolisthesis L5-S1 and mild facet hypertrophy with right lower extremity radiculopathy has been manifested by limitation of motion in flexion of the thoracolumbar spine to 60 degrees, with pain on motion. The criteria for an evaluation in excess of 20 percent have not been met.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and arranging for a VA examination. The Veteran's claim for nonservice-connected pension benefits will be reconsidered based on the new evidence.

The Veteran's cervical strain is currently rated at 20 percent, reflecting functional limitation of forward flexion that is greater than 15 degrees but not more than 30 degrees.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and private treatment records. She also needs new VA examinations to evaluate her migraine headaches and cervical spine disabilities.

The Board has granted service connection for cervical spinal strain with degenerative disc disease, lumbar spinal strain, and headaches as secondary to the cervical condition.,All conditions are found to be related to active duty.

The Veteran's cervical spine disorder claim is being remanded due to inadequate notification and the need for additional medical records.

The Veteran's claim for service connection for hoarseness secondary to his cervical fusion of the lateral intervetebral disc C5-6 has been reopened and granted. The Veteran is also entitled to special monthly compensation based on the need for regular aid and attendance due to his multiple service-connected disabilities.

The Board has determined that new and material evidence has been presented to reopen the claims of service connection for residuals of injuries to the cervical spine, including strain and bulging discs, and residuals of an injury to the thoracic spine at T5-6, including pain. The claims are therefore reopened.

The Veteran's claims for increased ratings were granted, with the cervical spine disorder receiving a 20% rating and the lumbar spine disorder receiving varying ratings based on different time periods. The radiculopathy of both lower extremities was also granted but rated as noncompensable.

The Veteran's lumbar spine disability is service-connected, and he has been granted a TDIU based on his cervical spine and left shoulder disabilities. The other issues remain pending for further development.

The Board found that the Veteran's cervical strain was not incurred in or aggravated by active service and is not proximately due to, the result of, or aggravated by a service-connected disease or injury. The claim for secondary service connection was denied.

The Veteran's service connection for residuals of a cervical spine injury is granted. His PTSD has been rated at 70 percent since the initial grant of service connection.

The Board has ordered additional examinations and development due to the Veteran's testimony of increased severity of her service-connected conditions, which may affect her ability to work. The case is being remanded for further evaluation.

The Board has determined that the Veteran's major depressive disorder, cervical spine disability, left great toe disability, and disabilities of the bilateral feet and toes were not incurred in or aggravated by active service. The Board also found that there is insufficient evidence to establish a link between the Veteran's jaw locking and her active service.

The Veteran's claim for a higher initial rating for cervical spine disease prior to March 10, 2010 was denied. The Board found that there is no evidence of severe disc disease with recurrent attacks and intermittent relief or incapacitating episodes requiring periods of bedrest prescribed by a physician.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his lumbar myositis, cervical myositis, and right hip throchanteric bursitis.