Neck / cervical spine decisions — 2012

The Board has reopened the claims for service connection for moya-moya disease, headaches, neck disability, low back disability, and residuals of a head injury. The Veteran's moya-moya disease is found to have had its onset in active service.

The Veteran's appeal involves multiple issues related to his service-connected disabilities, including periodontal disease and various spine conditions. The case is being remanded for additional development of evidence.

The Board denied the Veteran's claims for service connection for a lumbar spine disability, left leg radiculopathy, and right knee disability as secondary to a lumbar spine disability. The cervical spine claim was also denied.

The Veteran's gynecological conditions, including ovarian cysts and cervical biopsy/CIN I/CIN II residuals, have been resolved without residual disabilities. Service connection is denied as there are no current disabilities associated with these conditions.

The Veteran's tinnitus was first noted during service and has persisted since then, meeting the criteria for service connection.

The Veteran's appeal is being remanded to schedule a Travel Board hearing due to the failure to provide him with a scheduled personal hearing.

The Veteran's left hand impairment, including fractures of the index, middle, and ring fingers, along with cervical nerve root injury at C8-T1, is currently rated as 50 percent disabling.

The Veteran's cervical laminectomy/fusion with secondary myelopathy is not manifested by unfavorable ankylosis of the entire spine or incapacitating episodes having a total duration of at least six weeks during the past 12 months, thus preventing him from receiving a higher disability rating.

The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU should be granted.

The Board has reopened the Veteran's claims for service connection for various conditions, including eye/vision disability, skin disability, schizophrenia, cervical spine disability, chronic rhinitis, degenerative joint disease (including osteoarthritis of the spine), peripheral neuropathy, and hypertension. The decision is mixed as some issues have been granted while others remain pending.

The Board has determined that the Veteran's low back, bilateral shoulder, and neck disabilities are secondary to his service-connected Charcot-Marie-Tooth disease.

The Veteran's claims for increased ratings were denied. The lumbar spine disability was found to not warrant a rating in excess of 20 percent, and the cervical spine disability was also found to be rated appropriately at 20 percent.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA vocational rehabilitation counseling records and arranging a new VA examination to assess the impact of his service-connected disabilities on his employability.

The Board denied the Veteran's claims for service connection for back and neck disorders, as well as his initial compensable ratings for bilateral hearing loss disability and a right ankle scar.

The Board has determined that the Veteran's trigeminal neuralgia and neck disability were not incurred in or aggravated by service, and therefore denied both claims.

The Board denied the appellant's claim for increased evaluations of his lumbar and cervical spine disabilities, finding that the evidence did not meet the criteria for a higher rating.,No new or material evidence was presented to reopen the service connection claim for Legionnaire's disease.

The Board denied the Veteran's claims for higher evaluations for his cervical and lumbar spine disabilities, both rated at 20 percent since December 12, 2000.

The Board has determined that a VA examination is needed to determine the current nature and etiology of the Veteran's cervical spine disability, as well as whether it is related to service. The case will be remanded for these actions.

The Veteran's service-connected disabilities do not require the aid and assistance of another person, as his psychiatric condition is severe but does not preclude him from attending to the needs of nature.,The Veteran's son, A.C.M., no longer qualifies for dependency benefits due to reaching adulthood.

The Board has determined that the Veteran's September 1, 2009 substantive appeal was not timely filed and thus his claims were denied.