Neck / cervical spine decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. A new VA examination will be scheduled to determine the probable etiology of any cervical spine disability.

The Board has remanded the case due to incomplete service records and need for additional medical opinions regarding the Veteran's cervical spine disorder and lung disorder.

The Board has reopened the Veteran's claim for service connection and granted it, finding that there is sufficient evidence to establish a nexus between his in-service injury and his current cervical spine disability. The Veteran's claim of entitlement to benefits under 38 C.F.R. § 4.30 based on convalescence due to surgery was dismissed as the Veteran did not have cervical spine surgery.

The Veteran's cervical spine disorder is manifested by flexion to 20 degrees, extension to 10 degrees, and no neurological symptoms. The Board found that the disability warrants a 30 percent evaluation under DC 5237.

The Veteran withdrew his appeal for a rating in excess of 20 percent for the service-connected cervical spine disability for the period after May 2007.

The Board has remanded the claims for further development due to a hearing officer's retirement and the need for another Travel Board hearing.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of her service-connected disabilities.

The Board has determined that there is no credible evidence of a current left knee disability and the Veteran's reports of left knee pain are insufficient to establish the presence of a current left knee disability. The preponderance of the evidence is against the claim for service connection for a left knee disability.

The Veteran's claim for service connection for tinnitus was granted with an effective date of September 3, 1997. The Board also remanded the issue of earlier effective dates for other benefits.

The Board has remanded the claims due to inadequate November 2009 VA examinations and medical opinions. The Veteran's cervical spine, left thigh/groin, and headache disabilities need to be re-evaluated with consideration of all evidence.

The Board has granted a 40 percent rating for lumbar spine arthritis, but denied any increase in evaluation for cervical spine arthritis.

The Veteran's OSA was granted a rating of 50 percent effective March 29, 2011. The issues regarding service connection for neck and thoracolumbar spine disorders were resolved in favor of the Veteran.

The Veteran's claim for a TDIU prior to August 29, 2006 is being remanded due to incomplete development and the need for an additional VA examination.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU and his service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Veteran does not have service-connected disabilities that qualify him for automobile and adaptive equipment or adaptive equipment only benefits.

The Board has determined that the Veteran's lumbar and cervical spine disabilities do not warrant ratings greater than 20 percent.

The Board finds that the Veteran's November 2002 hysterectomy with residual scars is not etiologically related to symptoms, findings, or treatment in service. The Veteran's current diagnosis of residuals from a post-service hysterectomy was attributed to scar tissue around the exterior bladder flap and parametrial areas.

The Board found that the Veteran was not unemployable prior to February 24, 2003 due to his service-connected disabilities. The effective date for a TDIU is therefore denied.

The Board has determined that the Veteran's claimed low back, cervical spine, bilateral hip, and bilateral knee disabilities are not service-connected as they were not incurred or aggravated during his active duty.

The Veteran did not incur any of the claimed conditions during active service or within one year thereafter. Symptoms of blood infection, lesions, tumors, neck disability, headaches, and right ankle/foot disability have not been unremitting since separation from service.