Neck / cervical spine decisions — 2015

The Veteran seeks service connection for a cervical spine disorder that he claims was aggravated by an in-service injury. The Board finds the case should be remanded to obtain clarification on whether the pre-existing condition existed prior to service and if it was aggravated during service.

The Veteran's service-connected right knee disorder is granted with a rating of 30 percent, effective August 31, 2012.

The Board has granted service connection for bilateral allergic conjunctivitis and blepharitis, finding that the Veteran's current eye conditions had their onset in service. The remaining issues of service connection for a bilateral shoulder condition, neck condition, back condition, and other eye conditions are still pending.

The Board has remanded the case for additional development, including obtaining VA treatment records and readjudicating the claims with consideration of all evidence. The Veteran's appeal is now pending again.

The Veteran has withdrawn all his appeals, including those for increased ratings for various conditions and disabilities. The Board is dismissing the appeals as moot.

The Board has determined that the Veteran's cervical spine disability, diagnosed as degenerative disc disease, was incurred in service and is granted service connection.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability and granted it. The lumbar spine issue remains pending.

The Board has determined that the Veteran's lumbar spine disability is service connected as it began in service and persists.,The Board has also determined that the Veteran's cervical spine disability is service connected as it began in service and persists.

The Veteran's cervical spine myelopathy, right-sided weakness (hemiparesis), involuntary jerking movements (myoclonus), electrical shock sensations (Lhermitte's sign), and neck pain are not considered to be the result of VA fault in performing the surgery or due to an event not reasonably foreseeable.

The Veteran's service-connected disabilities, including his psychiatric condition and spinal disorders, rendered him unable to secure or follow a substantially gainful occupation as of June 10, 2008. The effective date for the grant of TDIU is set at this time.

The Veteran's appeal is being remanded for additional development to obtain relevant VA treatment records and for a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's major depressive disorder and dysthymia, left lower extremity disorder (chronic left ankle sprain with local superficial nerve entrapment), degenerative disk disease and/or stenosis of the cervical and lumbar spine, and right upper extremity disorder (radiculopathy) are all found to be related to her active service.

The Board has remanded the case for additional development, including scheduling a VA examination and readjudicating the claim. The Veteran is seeking service connection for right shoulder disorder and cervical spine disability, to include as secondary to service-connected TMJ.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, residuals of a right knee injury, residuals of a left knee injury, neck disability, and left shoulder disability. The claim for service connection for a right shoulder disability was not addressed as it is considered to be part of the migraine headaches claim. The Veteran's migraine headaches are rated at 50%.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to assess the severity of her service-connected low back disability. The Veteran also requested a videoconference hearing.

The Board has granted an effective date of March 10, 2010 for the award of Total Disability Rating Based on Individual Unemployability (TDIU). An effective date of February 4, 2011 is assigned for the increased rating of 30 percent for cervical spine disability.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's claimed disabilities, including whether they are related to a motor vehicle accident on July 8 or July 10, 1973.

The Board has granted service connection for lung cancer and reopened the claim of service connection for a cervical spine disorder, with new evidence received since the last denial. The exact nature of the relationship between the Veteran's asbestos exposure during service and his current conditions remains inconclusive.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before RO personnel at the earliest opportunity.

The Board has denied the Veteran's claims for service connection for a cervical spine condition and radiculopathy of the upper extremities due to lack of evidence showing that VA facilities were not feasibly available, or that delay in seeking medical attention would have been hazardous.