Neck / cervical spine decisions — 2013

The Board finds that the Veteran's current cervical spine disability is not related to his active military service, and thus denies his claim for service connection.

The Board has remanded the claims of service connection for low back and cervical spine disorders due to outstanding service hospital records and updated VA medical records. The case will be returned to the AMC for further development.

The Board has reopened the claim for service connection for a low back disorder with spasms, finding that new and material evidence has been submitted. The cervical spine disorder is not related to active duty service or a service-connected disability. The Veteran's temporomandibular dysfunction, residuals of fractured mandible, is rated as 20 percent disabling since December 21, 2012.

The Board denied service connection for arthritis of the cervical spine and arthritis of the right hand, finding that there was no evidence to support a link between these conditions and active duty.

The Board has remanded the Veteran's claims for additional development due to his relocation and failure to report to scheduled VA examinations. The case is now pending again with the AMC.

The Board found no evidence linking the appellant's current cervical and lumbar spine or right testicle removal disabilities to his military service, thus denying service connection for both conditions.

The Veteran's cervical spine disability has been characterized by pain, a noncompensable level of limitation of motion, and muscle spasm that did not result in an abnormal gait or abnormal spinal contour. The current rating of 10 percent is appropriate based on the criteria for degenerative arthritis.

The Board has determined that the Veteran's service-connected disabilities do not require aid and attendance of another person, as his need for assistance is primarily due to his seizure disorder.

The Veteran's cervical spondylosis, status post fusion has not met the criteria for a disability evaluation in excess of 20 percent prior to August 24, 2013. Effective from August 24, 2013, the disability is manifested by limitation of motion to 20 degrees of forward flexion with painful motion beginning at 15 degrees and warrants a 30% evaluation.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has granted service connection for disabilities of the lumbar spine and cervical spine, finding that these conditions are at least as likely as not having had their onset during service.

The Veteran's upper extremity radiculopathy due to cervical spine disorder has been rated based on the severity of symptoms prior to and after June 21, 2013. Prior to that date, he was granted a 10 percent evaluation for each affected upper extremity. After June 21, 2013, his ratings were increased to 20 percent.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred or aggravated by service, and denied both claims.

The Veteran's cervical spine disability and PTSD have been granted service connection, with the cervical spine disability receiving a higher rating than PTSD. The Veteran is denied TDIU.

The Board denied the Veteran's claims for service connection for degenerative arthritis in joints other than the right knee, claimed as cervical spine and left hip disability. The propriety of reducing his VA benefits to 10 percent rate due to incarceration was also denied. The increased rating claims were not addressed.

The Board has reopened the claims of service connection for various conditions, but denied them as new and material evidence was not provided to substantiate these claims.

The Veteran's service-connected disabilities did not render him unable to follow a substantially gainful occupation prior to April 10, 2009. The Board denied the claim for an earlier effective date for TDIU.

The Board has remanded the case due to incomplete records and additional development is required before a decision can be made on the Veteran's claim for service connection for cervical spine disability.

The Board has ordered a remand due to inadequate medical opinions regarding the Veteran's claimed back and neck disabilities. The case is now being returned for further development.

The Veteran's claims for increased ratings and a compensable rating for hypertension were denied. The cervical spine disability is rated at 20 percent, while the hypertension remains non-compensable.