Neck / cervical spine decisions — 2012

The Veteran's service-connected disabilities, when combined with his education and occupational experience, do not preclude him from participating in all forms of substantially gainful employment.

The Veteran's claims for increased ratings for cervical disc degeneration and spondylosis of the lumbar spine were denied as his conditions did not meet the criteria for a higher rating under VA regulations.

The Veteran's claims for service connection for bilateral carpal tunnel syndrome and degenerative disc disease of the cervical spine are being remanded due to inadequate examination in May 2007. A new VA compensation examination is needed to consider all theories of entitlement, including direct, secondary, and presumptive service connection.

The Board found that the Veteran's current cervical spine, right arm numbness, and right leg numbness disorders are not related to his service. The chronic headache disorder was also not linked to his service or a service-connected disability.

The Board has granted service connection for ankylosing spondylitis of the cervical spine, finding that it is related to active military service. The Veteran's hidradenitis with scarring remains under consideration.

The Veteran's cervical spine disability is currently rated at 20 percent, and she has separate ratings for mild incomplete paralysis of the median nerve in both her right and left upper extremities. The increased rating claim was granted.

The Board has determined that the appellant's service connection claims for various conditions are granted, with the exception of those involving AWOL offenses. The conditions were incurred or aggravated during active military service.

The Board found that the Veteran's current cervical and lumbar spine disorders are not related to his active service, as they can be attributed to known clinical diagnoses unrelated to any aspect of his military service.

The Board denied the Veteran's claims for service connection for hepatitis C, hypertension, inguinal and cervical lymphadenopathy, residuals of an upper respiratory infection (COPD), and Guillian-Barre syndrome due to lack of direct evidence linking these conditions to his military service.

The Board finds that the evidence is in at least approximate balance as to whether the Veteran has disability of the cervical spine and lumbar spine that is related to active service, including incidents of combat duty. Therefore, service connection for these disabilities is granted.

The Veteran seeks service connection for a chronic neck disability, which he claims is secondary to his service-connected low back disability. The Board has remanded the case for further consideration due to the need for a VA examination and opinion regarding the relationship between the claimed neck disability and the service-connected low back disability.

The Board found that the Veteran's cervical strain, thoracolumbar strain, and headaches are not service connected due to lack of evidence showing their onset during or as a result of her service-connected pelvic strain.

The Board has reopened the Veteran's claim for service connection for a left wrist disorder and granted it, finding that new evidence supports a current diagnosis of a left wrist strain. The Board also found that there is sufficient medical evidence to support secondary service connection for the cervical spine disorder causing radicular symptoms in the left wrist.

Since January 15, 2003, the Veteran's cervical strain with degenerative changes has not met the criteria for a higher evaluation than 20 percent.

The Veteran seeks an earlier effective date for his TDIU benefit, arguing he was unable to work due to service-connected disabilities prior to March 24, 2010. The Board has determined that there is sufficient evidence to suggest the Veteran may have been unemployable by reason of service-connected disabilities prior to this date.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for peripheral neuropathy, low back disability, right shoulder and arm disabilities, neck disability with left arm pain, and GERD. The decision found that there was no evidence to support a link between these conditions and his military service or presumed exposure to herbicides.

The Veteran's low back and cervical spine disabilities were not incurred in or aggravated by his service, and arthritis of the low back and cervical spine may not be presumed to have been incurred in service.

The Veteran's appeal was denied as his claim for a higher rating of SMC based on the need for regular aid and attendance of another person was not granted. The current service-connected disabilities do not meet the criteria for an increased SMC rate.

The Veteran's claims for higher initial ratings were granted, with a disability rating of 30 percent for lumbar strain with spondylosis effective March 31, 2010. The other issues remained unchanged.