Neck / cervical spine decisions — 2013

The Veteran's appeal is being remanded for additional examinations to determine the nature and etiology of his claimed conditions, including traumatic brain injury, cervical spine disorder, thoracolumbar spine disorder, and right shoulder disorder. The claims will be adjudicated again after any necessary development.

The Board has determined that the Veteran does not meet the criteria for service connection in any of the four issues on appeal. The cervical spine disorder, asthma, skin disorder, and hepatitis are all denied.

The Board has determined that the Veteran's claims for service connection are not properly adjudicated due to a lack of information regarding his periods of active duty, ACDUTRA, and INACDUTRA. The RO is instructed to obtain this information and provide the Veteran with appropriate VCAA notice.

The Board has vacated the March 6, 2009 decision denying an initial rating in excess of 20 percent for mechanical low back pain with intervertebral disc syndrome. The May 2006 rating decision is considered final as it denied service connection for an upper back disorder. New and material evidence has been received to reopen the claim for service connection for an upper back disorder.

The Veteran's service-connected disabilities are reasonably shown to have contributed to his acquired psychiatric disorder, including as secondary to his service-connected disabilities. The Board finds that the criteria for entitlement to service connection for an acquired psychiatric disorder, as secondary to service-connected disabilities, are met.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's cervical spine disability and hypertension, as well as to schedule him for appropriate examinations. The claims are being returned to the RO for further action.

The Veteran's appeal is being remanded for a Travel Board hearing before the Winston-Salem, North Carolina, Regional Office.

The Veteran's cervical spine, lumbar spine, and right knee disabilities were not shown to be related to service.,VA has reviewed all available evidence and determined that the preponderance of the evidence does not support a finding that any current disability is due to service.

The Veteran's appeal is being remanded for further development, including obtaining a medical opinion regarding his employability due to service-connected disabilities.

The Board has determined that cervical radiculopathy of the right arm is related to service-connected intervertebral disc disease of the cervical spine, and carpal tunnel syndrome of the right hand was not manifest during or within one year after service.

The Board has determined that the Veteran's current neck disability is not related to his active service and therefore denied his claim for service connection.

The appeal is being remanded to obtain additional treatment records and an updated examination for the Veteran's cervical spondylosis.

The Veteran's appeal has been withdrawn, and all issues have been resolved with a grant of service connection for a psychiatric disability, an increased rating for the back disability, and assignment of a combined 100% disability rating.

The Board has determined that the Veteran's cervical spine disability is not related to his active service or a service-connected condition, and therefore denied the claim.

The Board has reopened the Veteran's claim for service connection for a cervical spine disability and finds that it is related to his military service. The low back disability is also found to be related to service, with the benefit of the doubt given in favor of the Veteran.

The Board found that the Veteran's current cervical spine disability is not caused or aggravated by his service-connected bilateral rotator cuff tendonitis with degenerative joint disease, and thus denied the claim.

The Veteran's TDIU claim is being remanded for further consideration, including a determination on whether an extraschedular TDIU should be awarded.

The Veteran's claims for higher ratings for his service-connected tension headaches, right ankle disability, cervical spine disability, and thoracolumbar spine disability have been denied. The current evaluations are deemed appropriate.

The Veteran's combined rating of 70 percent for his service-connected disabilities meets the criteria for a TDIU, as he is unable to secure and follow substantially gainful employment due to his service-connected conditions.

The Board has determined that service connection is warranted for the Veteran's cervical spine disorder, and this claim is granted. However, an effective date has not been assigned for this disability, nor can it be made in the first instance.