Neck / cervical spine decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the Veteran with appropriate examinations to determine the severity of his service-connected cervical spine disability and headache disabilities.

The Veteran's claim for SMC by reason of the need for regular aid and attendance of another person is denied as his condition does not meet the criteria established in 38 C.F.R. § 3.352(a).

The Board has determined that the Veteran is not competent to handle disbursement of his VA benefits due to his dementia diagnosis.

The Veteran's service-connected disabilities, including PTSD and multiple musculoskeletal conditions, render him unable to secure or follow a substantially gainful occupation. The Board finds that his combined disability rating of 90% supports the grant of TDIU.

The Board has granted service connection for vision loss, finding that the Veteran's current visual disability is related to a head injury sustained during active military service. The issue of entitlement to service connection for a neck disability claimed as neck pain remains pending and will be remanded.

The Veteran's claim for an initial evaluation in excess of 30 percent for cervical disc herniation and a separate evaluation in excess of 20 percent for left upper extremity radiculopathy was denied. The current evaluations are considered the maximum available under VA regulations.

The Board found that the Veteran's cervical spine and left hip disorders are not related to service, as there is no evidence of injury or disease during service and no continuity of symptoms since service. The current conditions are considered unrelated to any service-connected disabilities.

The Veteran's cervical spine disability, prior to July 18, 2012, was manifested by limited range of motion without ankylosis or associated neurological disabilities. The claim for a higher evaluation is denied as the evidence does not support a rating in excess of 10 percent.

The Veteran's cervical musculotendinous strain is currently rated at 30 percent, but the Board finds that there is no evidence of unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Veteran's appeal has been withdrawn by her representative prior to the Board issuing a decision.

The Veteran's cervical and lumbar spine disabilities are being remanded for additional development, including obtaining inpatient treatment records from the USAF Hospital in Yokota, Japan, and any outstanding post-service treatment records. The VA examiner will provide an opinion on whether these disabilities are related to service.

The Veteran's claims are being remanded for additional development, including obtaining VA treatment records and arranging for a VA examination to assess the current severity of his service-connected PTSD and to determine whether any diagnosed cervical spine disorder is related to his military service.

The Board has reopened the Veteran's claims for service connection for various conditions, but denied them on the merits due to lack of a nexus between these conditions and his military service.

The Veteran requested to withdraw his appeal regarding the service connection for a cervical spine disability, and as such, the appeal is dismissed.

The Veteran is seeking service connection for cervical spine arthritis, which he claims was caused by an incident during basic training. The VA has requested additional medical opinions to determine the relationship between his current condition and his military service.

The Board found that the Veteran's degenerative disc disease of the cervical spine and headaches were not incurred or aggravated by service, nor are they related to a service-connected disability. The claims for service connection were denied.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing before a Veterans Law Judge.

The Board has determined that the Veteran's current diagnoses of degenerative joint disease of the lumbar and cervical spine are not related to his active duty service. The evidence does not support a finding of in-service injury or disease, and there is no presumption of service connection for arthritis.

The Board has determined that the Veteran's claimed neck, back, and right leg disabilities are not service-connected as they did not manifest during active duty or within a presumptive period.

The Veteran's claims for increased ratings and service connection were denied. The cervical and thoracic spine disability was rated at 20 percent prior to February 19, 2009, but the Board found that this did not meet the criteria for a higher rating. The left knee/leg disability was also rated at 20 percent, with no higher ratings granted.