Neck / cervical spine decisions — 2012

The Board has determined that the Veteran's currently diagnosed cervical spine disability is at least as likely as not related to his military service, and thus grants service connection for diffuse cervical spondylosis with moderate to severe foraminal narrowing at C5-6 and moderate left-sided foraminal narrowing at C6-7.

The Veteran's combined rating for service-connected disabilities is 100%, meeting the percentage requirements for a TDIU. However, the weight of medical opinion and other evidence indicates that his service-connected disabilities do not render him unemployable.

The Board found that the Veteran's current cervical spine disorder with dizziness was not incurred in or aggravated by active service and may not be presumed to have been incurred in or aggravated by active service. The left lower extremity radiculopathy is manifested by transitory sensory involvement without objective findings of decreased sensation, decreased motor function, or any neurological abnormalities.

The Board found that the Veteran's low back and cervical spine disorders were not incurred in or aggravated by service, thus denying her claims for service connection.

The Board found that there is no evidence of radiculopathy in the bilateral upper extremities or left lower extremity associated with the Veteran's cervical and lumbosacral spine disabilities. As such, separate compensable ratings for these conditions are not warranted.

The Veteran is seeking to establish service connection for a cervical spine disability that he claims is secondary to his service-connected thoracolumbar spine disability. The case is being remanded due to the need for additional development, including obtaining medical records and providing the Veteran with a VA examination.

The Board found that the Veteran's current back disorders are not related to his active duty service, and thus denied his claim for service connection.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling examinations to assess his service-connected conditions and other issues on appeal.

The Board has denied the Veteran's claims for service connection for a right ankle disorder and right foot pes planus, finding no current disability or evidence of in-service injury. The claim for hypertension is not claimed. Service connection for cervical spine spondylosis and left foot pes planus are also not claimed.

The Board has reopened the Veteran's claim of service connection for a low back disability and found that there is sufficient evidence to support this claim. The Veteran's current degenerative disc disease of the cervical spine is determined to be related to his military service, including exposure to combat conditions in Iraq.

The Board has granted service connection for postoperative residuals of a left ankle surgery and cervical strain, finding that these conditions are at least as likely as not incurred in service. The back disability and bilateral foot and right ankle disorders were found to be less likely than not related to service.

The Veteran's appeal is being remanded to the RO due to scheduling issues for a video-conference hearing. The claims for service connection on various conditions are pending.

The Veteran's cervical spine disability and degenerative disc disease of the lumbar spine have been granted service connection, with a current rating of 20 percent for his lumbar spine disability. The radiculopathy of the right lower extremity is rated at 10 percent.

The Veteran's TDIU claim is being remanded for additional development, including the provision of a VA examination to assess his ability to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for higher ratings for his vascular (migraine) headaches, bilateral inguinal hernia, cervical spine disability, and right shoulder disability have been granted. The rating for the vascular (migraine) headaches is now at its highest possible level of 30 percent since July 5, 2011. The ratings for his cervical spine and right shoulder disabilities remain at 30 percent.

The Veteran's claims for service connection and increased rating for residuals of a left clavicle fracture were denied. The Board found no evidence linking the current disabilities to active duty service or a service-connected condition.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or being housebound is remanded due to insufficient VA examination reports considering all of his service-connected disabilities.

The Veteran's residuals of a healed fracture of C2 with cervical strain were not productive of forward flexion less than 30 degrees or a combined range of motion of the cervical spine less than 170 degrees between October 1, 2007 and May 10, 2008. The Veteran's residuals of a ventral hernia did not meet criteria for a compensable evaluation during this period.,The Veteran's residuals of a healed fracture of C2 with cervical strain were not productive of forward flexion less than 30 degrees or a combined range of motion of the cervical spine less than 170 degrees between October 1, 2007 and May 10, 2008. The Veteran's residuals of a ventral hernia did not meet criteria for a compensable evaluation during this period.

The Board finds that the Veteran's current neck disability, which has been present since initial injury during active service, is due to a disease or injury incurred in or aggravated by his military service.

The Board denied the Veteran's claims for various conditions, including right leg injury residuals, left scrotal mass, arthritis and bursitis of hands and shoulders, left thumb condition, cervical spine degenerative changes, left ankle disorder, right leg fracture residuals/pain, mumps residuals, hypertension, coronary artery disease, erectile dysfunction, and insomnia. The claims were denied as the evidence did not support service connection for these conditions.