Neck / cervical spine decisions — 2012

The Veteran's left shoulder disability is rated at 30 percent prior to April 26, 2010 and at 20 percent as of that date. He also has a separate 10 percent rating for his painful scar. The cervical spine disorder is found to be secondary to the service-connected left shoulder disability. TDIU is granted.

The Veteran's thoracic spine disability was rated at 10% prior to April 17, 2008 and from April 17, 2008 to December 29, 2011. Her cervical spine disability was rated at 10% since October 14, 2010.

The Board has determined that an effective date of July 8, 1968 is warranted for the grant of TDIU due to service-connected disabilities.

The Board has determined that further examination and medical opinions are needed to determine if the Veteran's current joint disabilities, including shoulder and cervical spine conditions, are related to service. The appeal is being remanded for these purposes.

The Court has determined that the Veteran is entitled to service connection for a cervical spine disorder, and the Board's July 2009 decision denying this claim is reversed. The matter is now remanded for assignment of an appropriate disability rating and effective date.

The Board has remanded the case due to insufficient evidence regarding the current nature and etiology of the Veteran's left shoulder and cervical spine disabilities, as well as their relationship to service. The Veteran is required to undergo a VA examination to determine these issues.

The Board has ordered the VA to obtain additional service treatment records from the Veteran's period of active duty service in Vietnam, particularly any reports from the U.S. Air Force Base Hospital at Cam Ranh Bay and/or Tan Son Nhut where the Veteran was treated for cervical back pain in 1967. The VA is also instructed to review the claims file with a new examiner who may provide an opinion on the nature and etiology of the Veteran's claimed cervical and lumbar spine disabilities.

The Veteran's claims for increased ratings and restoration of service connection were remanded due to the need for further development.

The Board has remanded the claims of service connection for various disabilities, including kidney disability, bilateral hearing loss, cervical spine disability, head injury residuals, left clavicle injury residuals, low back disability, and sciatica. The appeal is not about service connection at all.

The Veteran's appeal is being remanded to schedule a hearing before the Board of Veterans' Appeals at the RO.

The Board finds that the Veteran's psychiatric disability is related to her service-connected left ankle disability, and her headaches are related to active service. However, there is no evidence of a direct relationship between any other claimed disabilities and service.

The Board has dismissed the Veteran's appeals regarding his claims for service connection for various disabilities, including bilateral knee disability, bilateral hearing loss, neuropathy of the upper extremities, right eye disability, cervical spine disability, headaches, and acne vulgaris. The appeals are dismissed due to withdrawal by the Veteran.

The Board has remanded the case for further development and adjudication, including a VA examination to determine if the Veteran's current cervical spine disability is related to service or secondary to his service-connected Reiter's syndrome.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine with cervical to trapezius symptomatology is service-connected as a direct result of his military service.

The Veteran's cervical spine disorder is being remanded for further development as the claim involves a secondary service connection issue. The Board will consider all submitted evidence and provide another Supplemental Statement of the Case (SSOC).

The Board has granted service connection for a lumbar spine disorder and a cervical spine disorder, finding that the Veteran's current conditions are at least as likely as not aggravated by his in-service injury. The claim for an initial rating higher than 30 percent for PTSD is remanded.

The Board has determined that the Veteran was not unemployable due to his service-connected disabilities prior to July 13, 2007. As such, an effective date earlier than July 13, 2007 for the award of a TDIU rating is denied.

The Board has remanded the case for additional development, including obtaining a medical examination and opinion regarding the Veteran's lumbar, thoracic, and cervical spine disabilities. The appeal is now pending again with the RO/AMC.

The Veteran has withdrawn his appeals for service connection for PTSD, a sleep disorder, and residuals of a neck and back injury. The Board does not have jurisdiction to consider these matters as the appeal is dismissed.

The Veteran's service-connected left hip condition, arthritis of the left hip with Legg-Perthes disease, status post total left hip replacement, is rated at 90 percent from September 30, 1986. The cervical spine disability is rated as 60 percent disabling since July 13, 2011. The Veteran's right and left knee disabilities are each rated at 10 percent.