Neck / cervical spine decisions — 2012

The Veteran's service-connected orthopedic disabilities affect a single body system and combine to a 70 percent rating, preventing him from obtaining or maintaining substantially gainful employment.

The Veteran's cervical spine disability is currently rated at 20 percent, and the evidence does not support a higher rating based on functional loss due to pain or other factors.

The Veteran's appeal is being remanded for a VA examination to determine his ability to work due to service-connected disabilities, and for further adjudication.

The Veteran's appeal for service connection for cervical strain has been dismissed due to the death of the Veteran.

The Veteran's additional disabilities, including chronic cervical spine and low back disorders, are not deemed to be caused by VA treatment. The Board finds that the Veteran's pre-existing conditions were aggravated by the July 2003 car accident.

The Board is remanding the case for further development to verify an in-service injury involving a stolen ammunition truck, as claimed by the Veteran.

The Board found that the Veteran's neck disability did not manifest during or as a result of active service and was not caused by his service-connected lumbosacral spine disability. As such, service connection for this condition is denied.

The Veteran's claims for service connection for cervical spine disorder, right and left lower extremity radiculopathy are being remanded due to the need for additional development. The effective dates for service connection of right and left lower extremity radiculopathy remain pending.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his cervical spine disability.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by active service and is not otherwise related to his military service. The arthritis of the cervical spine was also not shown within one year of separation from service, precluding a presumption of service connection.

The Veteran's respiratory condition, including bronchitis and an undiagnosed illness, was incurred during service. His chronic neck disability, specifically a cervical strain, also developed due to service.

The Board has remanded the case for additional development, including obtaining records from the Florida Division of Workers' Compensation and developing a dose estimate based on possible radiation exposure during service. The appeal will be reconsidered after these actions.

The Veteran's claim for a higher rating for residuals of C-2 cervical fracture was granted, with the effective date being October 27, 2010. The compensable rating for hemorrhoids and claims under 38 U.S.C.A. § 1151 were denied.

The Veteran's appeal is being remanded due to the need for a video conference hearing. The claims of service connection are still pending and will be addressed after the hearing.

The Board granted service connection for cervical spondylosis with a 30 percent evaluation effective April 2, 2003. The appellant's representative submitted medical evidence in July 2000 that can be construed as an informal claim for earlier effective date.

The Board has reopened the claims for service connection for cervical spine, thoracic spine, and low back disabilities. The decision is mixed as some issues were granted while others were not.

The Board has remanded the case due to inconsistencies in the medical evidence and further development is needed to determine if service connection for neck and back disabilities can be established.

The Veteran withdrew his appeals for all issues related to service connection and evaluations of his cervical spine, left upper extremity radiculopathy, and right upper extremity radiculopathy.

The Veteran's appeal is being remanded for additional development, including obtaining new VA medical examinations by appropriate specialists.

The Veteran's service-connected low back and cervical spine disabilities have been rated appropriately, with the exception of a temporary total rating for thoracolumbar spine surgery from January 30, 2006 to March 31, 2006. The TDIU claim is also granted.