Neck / cervical spine decisions — 2013

The Board denied the Veteran's claim for an extension of a temporary total convalescence rating beyond June 30, 2009, following his cervical spine surgery. The evidence did not meet the criteria for extending the convalescence period.

The Veteran's claims for higher ratings were denied, but the Board acknowledged that he had raised an informal claim for a Total Disability Rating Based on Individual Unemployability (TDIU) and remanded the case to consider this issue.

The Veteran's cervical spine disability is currently evaluated at 20 percent, and the Board finds that a higher rating is not warranted based on his current symptoms.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are related to his military service, granting service connection for these conditions.

The Board found that the Veteran's current arthritis of the cervical and thoracolumbar spine is not related to his service, including any in-service injuries. The VA examiners concluded it was less likely as not related to service.

The Board has determined that the Veteran's death was caused by his service-connected disabilities, specifically degenerative joint disease of the cervical and lumbar spine, which contributed to his suicide. The Board finds in favor of granting service connection for cause of death.

The Board is remanding the case for additional development to determine if the Veteran's current cervical spine disability is related to his service or pre-existed service and was aggravated by his service-connected right shoulder disability.

The Board has decided to remand the Veteran's claims for further development due to the need for additional examinations and medical opinions regarding his thoracolumbar spine disability and cervical spine disability.

The Board has determined that the Veteran's cervical spine DDD is related to injuries sustained in a motor vehicle accident during service, and thus grants the claim for service connection.

The Board has determined that service connection is warranted for cervical spine degenerative joint disease and denied service connection for diabetes mellitus. The Veteran's cervical spine disorder is found to be related to her military service, while the evidence does not support a finding of service connection for diabetes mellitus.

The Board has granted the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, including low back disability and associated cervical spondylitis, constipation, and short-term memory loss.

The Board has determined that there is no evidence to support the Veteran's claims for arthritis of the shoulders, wrists, and cervical spine. The conditions are not related to her military service.

The Board has remanded the case for further development, including obtaining a VA spine examination of the Veteran's lumbar spine disability and providing medical nexus opinions. The cervical spine issue remains before the Board.

The Veteran's cervical spine disability was evaluated as 10 percent prior to February 27, 2009; 20 percent from February 27, 2009, through January 6, 2010; and 30 percent thereafter. The evaluations were denied.,The Veteran's cervical spine disability was evaluated as 10 percent prior to February 27, 2009; 20 percent from February 27, 2009, through January 6, 2010; and 30 percent thereafter. The evaluations were denied.

The Veteran's appeal is being remanded for additional examinations and development due to the potential change in his condition since his last VA examination, as well as the submission of new evidence regarding GERD.

The Veteran's appeal for an increased rating for lateral epicondylitis of the right elbow has been withdrawn. The remaining claims for increased ratings for cervical spine, left knee, and diabetes mellitus are addressed.

The Veteran meets the percentage requirements for TDIU due to one service-connected disability rated at 40 percent or more and his combined service-connected disabilities are rated at 70 percent. The Board finds that the Veteran's service-connected disabilities render him unemployable.

The Board has granted service connection for cervical strain and dextroscoliosis of the lumbar spine, finding that the Veteran's current conditions are related to his military service.

The Board found no evidence of chronic or continuous symptoms of cervical and thoracic spine disorders during service or near the time of service separation. The Veteran's recent assertions regarding continuity since service are not credible given his prior inconsistent statements.

The Veteran's cervical spine contusion is currently rated at 20 percent, and his right ankle arthritis remains at 10 percent. The Board found that the current ratings adequately reflect the severity of these conditions.