Neck / cervical spine decisions — 2012

The Board has determined that the Veteran does not have a service-connected disability for any of the conditions she claims, including PTSD, hiatal hernia, hypertension, burn scar on the right middle finger, sleep disorder, hordeolum of the right eyelid, arthritis of the cervical spine, arthritis of the knees, arthritis of the feet, arthritis of the hands, arthritis of the wrists, arthritis of the elbows, and arthritis of the right shoulder.

The Veteran's claims for an initial compensable disability rating for bilateral hearing loss and a higher rating for his cervical spine disability were both denied by the Board.

The Board found no medical evidence linking the Veteran's current cervical spine, bilateral hip, and bilateral heel spur disabilities to his active service. The VA examiner concluded that these conditions were more likely age-related than service-connected.

The Veteran's death was not caused by a service-connected disability, and therefore the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied.

The Board found that the Veteran's TDIU benefits should not be restored as he had been employed for at least 12 months prior to May 1, 2009 and his income exceeded the poverty threshold.

The Veteran's appeal is being remanded for additional development, including a VA spine examination to determine the relationship between his lumbar and cervical spine disorders and his service-connected cerebrovascular accident. The TDIU issue remains on hold until the increased rating claim for residuals of cerebrovascular accident is resolved.

The Veteran's appeal is being remanded for additional development to determine the nature and extent of his service-connected disabilities, as well as whether he has other disabilities that are related to his military service.

The Veteran's claim for special monthly compensation based on the need for aid and attendance due to her service-connected disabilities is being remanded as additional medical inquiry is required.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge at the RO.

The Board has granted the appellant's claims for service connection for substance abuse and a cervical spine disorder, finding that these conditions are secondary to his service-connected PTSD. The cervical spine disorder was not shown during service or within one year of separation, but is presumed due to his service-connected PTSD.

The Veteran's claim for service connection for hypertension, cervical spine disorder, heart condition, digestive disorder, thyroid disorder (secondary to herbicide exposure), and erectile dysfunction is granted. Service connection for PTSD has an effective date of July 7, 2004. The right knee disability remains rated at 10 percent.

The Veteran's cervical spine disability is rated at 30 percent since August 18, 2011. The rating reflects the limitation of motion and neurological symptoms without ankylosis.

The Board found that the evidence did not relate to an unestablished fact necessary to substantiate the claims for service connection, and thus denied reopening of both claims.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of her service-connected cervical spine degenerative disc disease.

The Board has determined that the Veteran's erectile dysfunction is aggravated by his service-connected degenerative disc disease of the cervical spine, and thus grants service connection for this condition.

The Veteran's claims for PTSD and a neck disability have been remanded due to the need to seek SSA records, provide corrective VCAA notice, and consider revised regulations regarding service connection for PTSD.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing at the RO.

The Board has remanded the case due to pending requests for extension of time and additional evidence submission. The claims will be adjudicated after these matters are resolved.

The Board has determined that the Veteran's cervical spine disability and trapezius myositis are related to his active service, with resolution of reasonable doubt in favor of the claims.

The Board denied service connection for basal cell carcinoma, arthritis of the lower extremities, and arthritis and degenerative disc disease of the cervical spine due to Agent Orange exposure. The evidence did not support a link between these conditions and service.