Neck / cervical spine decisions — 2012

The Veteran's service connection claim for headaches, claimed as migraine headaches, is granted. The remaining claims are not addressed in this decision.

The Veteran's claim for service connection of cervical spine DDD and LUE radiculopathy was denied in August 1994, but she did not appeal. The claim was reopened on September 30, 2002, resulting in a grant of service connection with an effective date from that day.

The Veteran's disabilities do not meet the schedular requirements for a permanent and total disability rating for VA pension purposes, as they do not permanently preclude him from engaging in all forms of substantially gainful employment.

The Veteran's appeal is being remanded to the RO for initial consideration of his request for an extension of time to respond to the December 2011 Supplemental Statement of the Case (SSOC).

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need for another VA examination to assess his employability given his service-connected disabilities.

The Veteran's claims for service connection were denied, and the reduction of his left knee disability rating was found to be improper. The Veteran did not have new and material evidence submitted to reopen several of his claims.

The Veteran's service-connected residuals of a thoracic spine injury with anterior wedging, T8-T11 are currently rated at 20 percent and his degenerative changes of the cervical spine with possible myelopathy are also rated at 20 percent. The Veteran is not entitled to an increased evaluation for either condition.

The Board has determined that the Veteran's cervical radiculopathy of the left upper extremity was incurred during service and is granted service connection.

The Veteran's claims for service connection and increased ratings have been partially granted, with some issues being granted while others are denied. The right knee disorder claim has been reopened but the merits of the reopened claim remain pending.

The Veteran's cervical spine disability was found to not meet the criteria for a compensable rating prior to May 9, 2007 and did not meet the criteria for an increased rating from that date forward.

The Board has determined that the Veteran's cervical and lumbar spine disorders, as well as their associated radiculopathy in the bilateral upper and lower extremities, are related to his service. The claims for these conditions have been granted.

The Board found that the Veteran's cervical spine arthritis was not caused or aggravated by his service-connected left spinal accessory nerve impairment, nor did it manifest within one year of separation from service. Therefore, service connection is denied.

The Veteran's cervical spine disability warrants a combined staged rating of 30 percent prior to November 19, 2007; 40 percent from November 19, 2007 to November 20, 2011; and 30 percent from November 21, 2011.

The Veteran's appeal was dismissed due to his death, and no service connection decision could be made.

The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing and implementing the Board's March 2011 award of a 50 percent initial rating for PTSD.

The Board denied the Veteran's claims of service connection for various conditions, including a left knee disability, lumbar spine disability, cervical spine disability, cardiovascular disabilities, PTSD, and an acquired psychiatric disability. The decision found that these conditions were not incurred or aggravated by active service.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to his military service. The right foot stress fracture residuals have been granted as a result of in-service injury.

The Veteran has been granted service connection for degenerative disc disease of the cervical spine and cervical spinal stenosis, which are found to be related to his military service.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of his claimed disabilities and obtain any outstanding VA treatment records.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess her hypertension, cervical dysplasia, donor site scar, and urinary tract infections.