Neck / cervical spine decisions — 2013

The Veteran's claim for service connection for residuals of a cervical spine fracture was granted effective September 13, 2002, one day after the Veteran separated from active duty.

The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for left shoulder disability were denied due to lack of additional disability or death resulting from VA care, treatment, or examination.

The Board has restored service connection for migraine headaches and degenerative changes of the cervical spine, but denied severance of service connection for impingement syndrome of the right upper extremity. The reduction in disability rating from 30% to 0% was not proper.

The Veteran's appeal is being remanded for further examination and consideration of his claims for service connection for cervical nerve damage with decreased strength of both arms, including as a result of in-service explosive impact during combat, and bilateral hip disabilities. The case will be readjudicated based on the new evidence.

The Board denied the Veteran's claim of service connection for a cervical spine disability in December 1986. The RO again denied his petition to reopen this claim in December 1995 and September 1996, finding no new and material evidence had been received. New evidence submitted since these decisions does not relate to an unestablished fact necessary to substantiate the claim of service connection for a cervical spine disability.

The Veteran's appeal is being remanded due to the need for scheduling a hearing before a Veterans Law Judge (VLJ) or a Decision Review Officer (DRO).

The Board denied service connection for hepatitis C and cervical spine disability, finding no evidence of a nexus between the disabilities and service. The Veteran's current conditions are not considered to be related to his military service.

The Veteran's claim for a higher rating for his cervical spine disability has been denied. The current 30 percent rating is considered adequate to compensate for the Veteran's condition, given the presence of ankylosis and associated neurologic abnormalities.

The Board has denied the Veteran's claims for service connection for bilateral ankle, elbow, shoulder, neck, and nerve disabilities. The evidence does not establish a nexus between these conditions and active duty.

The Board found that the Veteran's cervical spine degenerative arthritis and degenerative disc disease were not incurred during service, nor are they related to his active duty service.

The Board has determined that additional development is needed to verify the Veteran's periods of active duty for training and inactive duty for training, as well as to obtain an addendum medical opinion regarding the onset and relationship of his claimed conditions to service. The case will be remanded for these actions.

The Veteran's appeal is being remanded for additional development to determine the current status of his ankle, shoulder, and knee disabilities and whether they are related to service.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's current degenerative disc disease of the cervical spine was caused or aggravated by his service-connected disabilities.

The Veteran's cervical spine disability is rated as 60 percent disabling prior to July 10, 2012. From that date forward, he has separate ratings for moderate radiculopathy of the right and left upper extremities (40% each) and degenerative disease of the cervical spine (30%).,The Veteran's lumbar spine disability is rated as 40 percent disabling.,Both conditions are not rated higher.

The Veteran's combined rating for her service-connected disabilities is 40 percent, which does not meet the minimum requirements for a TDIU. The Board finds that she is capable of securing and following substantially gainful employment.

The Veteran's appeal for service connection for a cervical strain, to include as secondary to his service-connected lumbar strain, has been withdrawn. As such, the claim is dismissed.

The Board denied the Veteran's claims of service connection for hearing loss, back disability, and cervical spine disability. The Board found no evidence to support a current disability or link between any claimed conditions and service.

The Veteran seeks service connection for a neck disability. The Board finds that another VA examination is necessary to consider the etiology of the Veteran's current cervical strain and any other diagnosed cervical spine or neck disability, as it was incurred in or related to his military service.

The Board has remanded the case for further development and consideration, including verification of the appellant's periods of active duty training (ACDUTRA) and inactive duty for training (INACDUTRA).

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected cervical spine degenerative disc disease and whether he requires regular aid and attendance or at the housebound rate.