Neck / cervical spine decisions — 2013

The Veteran's service-connected disabilities, including coronary artery disease and degenerative arthritis of the spine, are found to affect his ability to engage in substantially gainful employment. The case is REMANDED for further development.

The Veteran's claims for higher ratings for his service-connected disabilities have been granted, with the exception of a higher rating for the residuals of the SFW of the neck. The AMC has also increased the initial rating for dysthymia from 30 to 50 percent effective May 5, 2008.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for low back disability and cervical spine disability. The Veteran's current degenerative disc disease is related to a documented in-service injury, and his cervical spine condition is etiologically related to his now service-connected low back disability.

The Veteran's initial claim for a higher rating for his cervical spine disability was denied. However, he was granted a separate rating for right arm neurologic manifestations related to his service-connected cervical radiculopathy.

The Board denied service connection for residuals of right shoulder, neck, and back injuries as they are not linked to service or a service-connected disability.

The Board has determined that further development is necessary to determine the current severity of the Veteran's service-connected thoracolumbar and cervical spine disabilities, including any associated neurological residuals. The case is therefore REMANDED for these purposes.

The Veteran's appeal is being remanded to obtain updated VA examinations and additional medical records. The issues of increased disability ratings for low back strain, cervical strain, and corneal scars are on hold until these matters are addressed.

The Board has found that the Veteran's current cervical spine and head disorders are related to his military service, including two separate incidents involving falls and a car accident.

The Board has referred the issue of entitlement to a TDIU to the RO for further proceedings consistent with the Joint Motion for Remand. The Veteran's claim is considered part and parcel of his increased rating claims.

The Veteran's claim for an initial disability rating in excess of 10 percent for a cervical spine disability is being remanded due to the need for additional development, including obtaining SSA records and private treatment records.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection for a cervical spine disability and a right knee disability. This includes obtaining SSA records, California Employment Development Department records, private treatment records from UCLA Medical Center and Kaiser Permanente, scheduling the Veteran for a VA orthopedic examination, and reviewing all submitted evidence.

The Board found no evidence of a service-connected dental disability for compensation purposes. For the low back and headaches, the Board determined that there was insufficient medical evidence to establish a link between current disabilities and service.

The Veteran's cervical spine disability was rated at 20 percent prior to April 22, 2008. The Board has determined that the disability should be increased to 30 percent for this period.

The Board has granted service connection for a cervical spine disorder and a thoracic spine disorder on the basis that these conditions are related to active service, with no evidence of secondary service connection.

The Veteran's service connection claim for cervical radiculopathy of bilateral upper extremities is granted. His low back disability remains at a 20 percent evaluation, and his TDIU claim is denied.

The Veteran's cervical strain with traumatic joint disease and discectomy is rated at 30 percent, meeting the criteria for a higher rating. The claim for individual unemployability based on service-connected disability remains pending.

The Veteran's appeals for increased ratings for migraine headaches, thoracolumbar spine DJD, and cervical spine DJD have been withdrawn.

The Board has determined that the Veteran's service-connected disabilities make him unemployable, and thus grants an extraschedular TDIU.

The Veteran withdrew her appeal for a rating in excess of 20 percent for cervical degenerative disc disease with neck strain from appeal.

The Board has remanded the case for additional development, including obtaining Reserve service records and requesting an opinion from a VA clinician regarding the appellant's cervical spine disorder and headaches.