Neck / cervical spine decisions — 2013

The Veteran's initial claim for an increased evaluation of her cervical spine disability (excluding the period of a temporary total rating) was denied as her service-connected cervical spine DDD did not meet the criteria for a higher evaluation.

The Veteran's claim for service connection for a cervical spine disability, to include as secondary to his service-connected left shoulder disability, is being remanded due to the need for additional development and medical opinions.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or at the housebound rate is being remanded due to a lack of recent VA examination records, and the need for additional development including obtaining Social Security Administration (SSA) disability records and arranging an examination through the American consulate in Thailand.

The Board found that the Veteran's low back and cervical spine disorders were not incurred in or aggravated by his service, as they preexisted his service and did not increase in severity during his service beyond their natural progression.

The Board has determined that the Veteran does not have current diagnoses of degenerative arthritis of the left ankle or DDD of the cervical spine, and there is no evidence linking these conditions to service. The Board finds the January 2012 medical opinion persuasive in concluding that the Veteran's left ankle gout and cervical spine disability are not related to his military service.

The Board has remanded the case due to inadequate notice regarding unavailability of private medical records. The Veteran must be informed that certain records could not be obtained and provided with an opportunity to respond.

The Board has denied the Veteran's claim of entitlement to service connection for a cervical spine disability and his claim of entitlement to total rating based on individual unemployability.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease of the lumbar spine with radiculopathy, is reasonably shown to be related to service. The claim for service connection for cervical spine disability is addressed in the REMAND portion of the decision.

The Veteran's claims for service connection have been reopened, but the Board finds that new and material evidence has not been received to reopen these claims. The issues of entitlement to a temporary total rating based on convalescence beyond December 11, 2009; initial ratings in excess of 20 percent for cervical spondylosis (cervical spine disability); initial ratings in excess of 10 percent for right and left upper extremity radiculopathy due to cervical spine disability; initial ratings in excess of bilateral neural foramina stenosis of the lumbar spine (lumbar spine disability); and effective dates prior to September 10, 2008 have been referred back to the RO.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination and review of recent medical records. The case will be remanded to the RO for further action.

The Board has determined that there is no evidence showing a direct connection between the Veteran's cervical spine disability and his service, nor any evidence linking it to his service-connected left knee condition. The Veteran's current cervical spine disability was caused by a motor vehicle accident in 2004.

The Board found that the Veteran's neck disability is not due to or the result of any service-connected condition or any other incident of service.

The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no direct relationship between his current condition and his military service.

The Board has remanded the appeal for additional development due to a need for another medical opinion regarding service connection claims.

The Board has determined that the Veteran does not have a current chronic lung disability and therefore, service connection for a lung disability is denied.

The Veteran's appeal was denied for increased ratings and TDIU. The issues were related to cervical herniated nucleus pulposis, uterine fibroids prior to November 14, 2011, and TDIU.

The Board found that the appellant's low back and neck disabilities are more likely due to a civilian injury in August 1988, rather than an in-service injury in September 1984.

The Veteran's claims for increased ratings and TDIU were granted, with the right knee disability rated at 60 percent effective February 15, 2012. The cervical spine disability was rated as 20 percent disabling, and the right arm numbness and weakness was rated as 20 percent disabling.

The Veteran's TDIU claim is granted on an extraschedular basis due to his service-connected disabilities, including PTSD and cervical/lumbar spine disabilities.

The Veteran's service-connected disabilities, including diabetes mellitus and multiple orthopedic conditions, result in a combined rating of 100 percent. The Veteran is currently employed full-time as a security officer and has been so employed throughout the pendency of this appeal.