Neck / cervical spine decisions — 2011

The Board found that the Veteran's claims for service connection were denied as new and material evidence was not submitted to reopen his August 1982 RO administrative decision, which held that injuries incurred in a December 7, 1980 motorcycle accident were not incurred in line of duty. The Board also determined that there is no direct link between the Veteran's current disabilities and service.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status as a result of service-connected disabilities is denied because he does not meet the criteria for either benefit.

The Veteran's appeal is remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a VA examination.

The Veteran's service-connected disabilities do not render her unemployable, as she is currently employed in an administrative/personnel capacity.

The Board has determined that the Veteran's back disorders, specifically degenerative joint and disc disease of the cervical spine and thoracolumbar spine, are related to his active military service.,The Veteran was provided with a VA orthopedic examination in May 2008, which concluded that his current back conditions were not caused by or related to the in-service jeep injury.

The Veteran's cervical spondylosis with myelopathy is being remanded for further examination and development. The erectile dysfunction secondary to hypertension and diabetes mellitus issue has been raised but not adjudicated.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the cervical spine and muscle contraction headaches associated with it are being remanded to obtain additional VA and private treatment records, as well as SSA records.

The Board has remanded the case to determine if the Veteran's service-connected disabilities result in loss of use of both hands or arms, which would entitle him to a higher rate of special monthly compensation. The claim is being returned for further development.

The Board has determined that the Veteran does not have a chronic right leg disorder to include arthritis that was incurred or aggravated by her active duty service. The VA examination did not find any current right leg disability.

The Veteran's claims of entitlement to service connection for a neck disability and left arm and hand numbness are being remanded due to the need for additional development, including obtaining medical records and providing proper VCAA notice.

The Veteran's cervical spine disability is rated as 60 percent disabling since March 24, 2010.,Prior to March 24, 2010, the Veteran's thoracic and lumbar spine disabilities are each rated as 10 percent disabling. Since March 24, 2010, her lumbar spine disability is rated as 40 percent disabling.

The Board has determined that service connection is granted for tinnitus, but denied for neck disability due to lack of evidence linking the conditions to service.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claims for service connection for back and neck disabilities. The Veteran's current lumbar spine disability is found to be related to his active duty service, and he is granted service connection for this condition. Service connection for radiculopathy of the lower extremities as secondary to the lumbar spine disability is also granted.

The Veteran's claim for service connection for a cervical spine disability was denied as there is no current diagnosis of such a condition related to her military service.

The Board finds that the Veteran's right ear hearing loss and cervical spine disability are not related to service. The claims are denied.

The Board found that the appellant did not meet the criteria for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing carelessness, negligence, or fault on the part of VA during the March 2003 surgery.

The Veteran's cervical arthritis is not service-connected as secondary to his chronic low back strain. The issue of left leg numbness remains unresolved.,There is insufficient evidence to determine whether the Veteran has a neurologic disorder involving the left lower extremity, and this claim is pending.

The Veteran's compensation benefits were reduced due to his incarceration. The Board found that the reduction was proper, but noted insufficient evidence regarding the date of conviction and remanded for further development.

The Veteran's appeal is being remanded for a higher initial rating for his service-connected cervical spine disability. The VA will conduct another examination to assess the current severity of the condition and request additional VA outpatient records.

The Veteran's death was not due to a service-connected disability. The VA physician found that the Veteran's right upper extremity and cervical spine disabilities were not significant factors in his fall, which led to his death.