Neck / cervical spine decisions — 2012

The Veteran's claim for higher rate of special monthly compensation (SMC) under 38 U.S.C.A. � 1114(r)(2) is remanded due to the need for a VA aid and attendance examination, as well as obtaining all outstanding medical records.

The Veteran's service-connected joint disabilities render him incapable of obtaining or maintaining substantially gainful employment, warranting a TDIU.

The Veteran's cervical spine disability has been rated at 10 percent since April 2004, and the claim for TDIU prior to August 3, 2011 is granted.

The Board has determined that the Veteran's claimed conditions, including cardiac disease and cervical spine disorders, are not service-connected as they were first shown decades after military service and are unrelated to any incident during active service. The claims for secondary service connection have also been denied.

The Board has determined that the Veteran's low back and neck disabilities are related to his service, meeting the criteria for direct service connection.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are presumed to have been incurred during service due to arthritis developing within one year of separation.

The Board found that the Veteran's neck disability and headaches pre-existed service and were not aggravated by active duty service, thus denying his claims for service connection.

The Board has determined that the Veteran's cervical spine strain and lumbar radiculopathy are not related to his military service, while his head injury is not shown to be related to service. The claims for these conditions have been denied.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of disfigurement or other criteria warranting a compensable rating for scars on the neck, and denied his claims for increased ratings for degenerative arthritis of the right acromioclavicular joint prior to May 12, 2011 and since that date. Service connection was also denied for cervical spine disorder and right hip disorder.

The Board has reopened the Veteran's claim for service connection for a low back disability. The case is remanded to obtain additional medical opinions regarding the Veteran's right shoulder, cervical spine, and dermatitis claims.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of records.

The Veteran's claims for service connection have been denied due to his failure to report for a scheduled VA examination. Without an examination, the Board cannot determine if the claimed conditions are related to service or secondary to other service-connected disabilities.

The Veteran's cervical spine disorder was not incurred in or aggravated by military service, and it is not proximately caused or aggravated by a service-connected disability.

The Board denied reopening of the claim for an acquired psychiatric disorder and service connection for a left knee disorder and cervical spine disorder. The Veteran's claims were not supported by new and material evidence, and his conditions are not related to service or service-connected disabilities.

The Veteran's emergency room visit on January 21, 2008 for non-service-connected cervical radiculopathy and chronic pain syndrome was found to be a medical emergency. The Board granted reimbursement of $172.00 for the treatment provided at Fremont Area Medical Center.

The Board has remanded the Veteran's claims for additional development to determine if his current cervical spine and cardiovascular disorders are related to his military service, including any periods of active duty, inactive duty training, or National Guard service. The VA will verify these periods and provide appropriate examinations to assess the nature and etiology of the Veteran's conditions.

The Veteran's service-connected disability does not prevent him from working, and the preponderance of evidence shows he is capable of performing the physical and mental acts required by employment.

The Veteran's appeal has been withdrawn due to the appellant and his representative requesting withdrawal of the appeal prior to a decision being made.

The Board has remanded the case due to the need for a VA examination and further development of the cervical spine and left shoulder disability claims.

The Board granted an initial rating of 20 percent for the Veteran's service-connected cervical spine strain, effective from April 1, 2007.