Neck / cervical spine decisions — 2012

The Veteran's claims for service connection for lumbar and cervical spine disorders are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the VA examination is inadequate and remands for further development, including a new examination to determine the etiology of the Veteran's cervical spine disability and associated radiculopathy.

The Board has remanded the case for additional medical examinations and opinions to address the Veteran's spine conditions, including his cervical spine disorder and bilateral upper extremity symptoms. The claims are pending further development.

The Veteran's service-connected herniated cervical disk, C6-7, status post cervical fusion surgery, resulted in chronic pain and limited range of motion. The Board found that the current disability did not warrant a rating higher than 20 percent.

The Veteran is entitled to a total disability rating for compensation purposes based on individual unemployability prior to April 28, 2010 due to service-connected disabilities preventing him from obtaining or retaining substantial gainful employment.

The Veteran's claims of service connection for upper and lower back disabilities were denied in a July 2007 rating decision. The Board is remanding the case to obtain additional evidence, including service personnel records, and to schedule the Veteran for a VA examination.

The Board found that the Veteran's bilateral upper extremity disability, including carpal tunnel syndrome, was not incurred in or aggravated by active service.

The Board found that the Veteran's current neck disorder, including cervical spine canal stenosis, was not incurred or aggravated in active service and is not related to his military service.

The Board has remanded the case for further examination and opinion regarding whether the Veteran's left hand numbness is related to service or a service-connected condition.

The Veteran's appeal is being remanded to the RO for consideration of new evidence submitted since his last decision, including VA treatment records and service hospital records. The claims will be readjudicated after any necessary development.

The Board has determined that the Veteran does not have a left knee disability, and there is no current evidence of asthma. However, new medical evidence supports the claim for reopening the service connection for asthma.

The Veteran's postoperative hemorrhoids with perirectal abscess and fissures disability is currently rated as 20 percent disabling, effective April 1991. The claim for a higher rating remains denied.,A separate compensable evaluation for pruritus ani is not assignable.,The reduction of the schedular disability rating from 30 percent to noncompensable for prolapse of the rectum was improper and is void ab initio.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for asbestos lung disease prior to December 19, 2002. The effective date for this grant remains denied.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for peripheral vascular disease prior to July 27, 2006. The effective date for this grant remains denied.,There has been no formal claim, informal claim, or written intent to file a claim of service connection for glaucoma prior to November 27, 2007. The effective date for this grant remains denied.

The Veteran's claims for increased evaluations of his cervical spine disability and SMC based on loss of use of the right foot were denied. The Board found that the evidence did not meet the criteria for a higher rating or SMC.

The Board has ordered additional development to obtain relevant medical records and seek a new VA examination for the cervical spine disability. The appeal is currently in remand status.

The Veteran's radiculopathy of the lower extremities is currently rated at 10 percent, effective January 11, 2011. The Board finds that a higher rating is not warranted prior to this date.

The Board denied service connection for low back, cervical spine, right hip, and bilateral foot disabilities.

The Veteran's service-connected left shoulder and elbow disabilities do not meet the criteria for special monthly compensation based on loss of use of the left arm.

The Board has remanded the case for further development, including a new VA examination to address the etiology of the Veteran's cervical spine disability and headaches. The claim is being returned to the RO for readjudication.

The Board has determined that additional development is needed to obtain the Veteran's private treatment records and to provide him with a VA examination for his claimed disabilities. The appeal will be remanded to the RO/AMC for these actions.

The Veteran has been granted compensation under 38 U.S.C. 1151 for degenerative disc disease/degenerative joint disease of the cervical spine due to carelessness, negligence, lack of proper skill, error in judgment or similar fault on the part of VA during a surgical procedure.