Neck / cervical spine decisions — 2013

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of securing and following substantially gainful employment.

The Board denied service connection for lumbar and cervical spine disorders, finding no evidence of such conditions in service or within one year post-service.

The Veteran's combined rating for his service-connected conditions is 60%, which does not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a). However, he has not met the criteria for an extraschedular TDIU as set forth in 38 C.F.R. § 3.321.

The Board denied the Veteran's claims for service connection for a cervical spine disability and an increased rating for his lumbar spine disability. The Board found that there was no evidence of a cervical spine disorder in service, and that any current cervical spine disability is less likely than not related to the Veteran's service-connected lumbar spine disability.

The Veteran's appeal is being remanded due to the need for additional medical records and examinations to determine the etiology of his claimed disabilities.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative before a decision was made.

The Board has remanded the case due to incomplete medical records and a need for further examination regarding the Veteran's neck disability. The issues of service connection for neck and hip disabilities are still pending.

The Veteran's claims for service connection for bilateral knee disability, bilateral hearing loss, and TDIU were denied. The appeal is not about service connection at all.

The Veteran's bilateral wrist disability is rated at 10 percent for carpal tunnel syndrome with cervical radiculopathy, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination during a period of flare-up of her dermatitis. The claims will be readjudicated after the additional development.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for back disability and neck disability, and these claims are granted.

The Veteran's claim for automobile and adaptive equipment or for adaptive equipment only is being remanded due to the need for additional development, including a VA examination.

The Veteran's cervical spine disability and associated left upper extremity neuropathy have been granted an evaluation in excess of 10 percent since February 2, 2004.

The Veteran's cervical spine disorder is not found to be caused or permanently worsened by his service-connected low back disability. His low back disability, characterized by pain and limited motion but no ankylosis of the spine or incapacitating episodes, does not warrant a rating higher than 40 percent. The Veteran is competent for direct receipt of VA funds.

The Board has reopened the Veteran's claim of entitlement to service connection for a cervical spine disability and finds that new and material evidence has been presented. However, the claim is denied as there is no evidence linking the current cervical spine disability to service.

The Veteran's service-connected disabilities, prior to February 28, 2007, did not render him unemployable due to his nonservice-connected leukemia.

The Veteran's claim for a TDIU due to service-connected disabilities is being remanded for additional development, including an examination and consideration of whether the Veteran can secure or follow substantially gainful employment given his service-connected conditions.

The Board finds that the Veteran's erectile dysfunction is proximately due to or the result of his service-connected type II diabetes mellitus. The issue of service connection for hypertension as a complication of diabetes mellitus and cervical spine disability on a primary and/or secondary basis are addressed, with evidence indicating equipoise in some areas.

The Veteran's claim for TDIU was denied as he had not been unemployable prior to September 7, 2011 due to his service-connected disabilities.