Neck / cervical spine decisions — 2012

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a TDIU.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for cervical spondylosis with degenerative disc disease. As a result, the claim remains denied.

The Veteran is found to have a factual need for aid and attendance due to his multiple disabilities, which require assistance with daily living activities. As such, he is entitled to special monthly pension based on the need for regular aid and attendance.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case as a result.

The Board denied the Veteran's claims of service connection for cervical spine disability, quadrilateral numbness as secondary to a cervical spine disability, and headaches as secondary to a cervical spine disability. The evidence did not support a finding that any current disabilities were related to service.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for disability due to EMG/NCV studies performed at the VAMC in Salisbury, North Carolina.

The Veteran's claim for nonservice-connected VA pension benefits is being remanded due to the need for clarification of his employment status and financial income throughout the appeal period, as well as a determination of whether he meets the income eligibility requirements.

The Veteran's cervical spine disorder is being remanded for additional development to determine if it is related to his military service.

The Veteran's appeal was denied for various issues, including service connection claims and a TDIU claim. The initial rating for the cervical spine disorder prior to June 18, 2008, was also denied.

The Veteran's claim for a TDIU is granted, effective from the date he stopped working on June 30, 2006. The claims for higher ratings of residuals of compression fracture L1 and left knee osteoarthritis are also granted.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and is not proximately due to a service-connected right shoulder disability. Therefore, service connection for this condition is denied.

The Board denied the Veteran's claims for increased ratings and service connection, finding that new and material evidence had not been received to reopen his claims. The Veteran's lumbosacral strain with degenerative disc disease of the lumbosacral spine was rated at 20 percent disabling, while radiculopathy of the right lower extremity and left lower extremity were each rated at 20 percent disabling as of June 11, 2010.

The Board has reopened the Veteran's claims for service connection for bilateral foot disability, cervical spine disability, and residuals of cold weather injury to hands and feet. However, these claims are being REMANDED as additional development is needed to obtain relevant medical records and conduct VA examinations.

The Board found that the Veteran's upper and lower back disorders did not have their onset in service, and there is no evidence linking these conditions to his active duty. The cervical spine disorder was also not linked to service or a service-connected condition.

The Veteran's service-connected PTSD has been rated at 30 percent since September 2005, and the Board is granting a higher rating of 70 percent effective June 15, 2009.

The Board has remanded the case to the RO for additional development or other appropriate action.

The Board has remanded the case for further development due to new evidence received, including a February 2012 MRI scan of the cervical spine. The Veteran's claim is being reviewed again to determine if his current cervical strain disability is related to service.

The Veteran has additional disability of the right hand involving median and radial nerve paralysis as a result of VA carpal tunnel release surgery on December 2, 1999. The proximate cause was that VA furnished the surgical treatment without the Veteran's informed consent.

The Board has found that the Veteran's cervical spine disorder, including degenerative disc disease, is related to his service aboard diesel-electric submarines where he sustained numerous traumatic incidents. The claim for service connection is granted.

The Board has remanded the case for further development to verify the appellant's National Guard service and obtain his medical records. The issues of entitlement to service connection for various disabilities remain pending.