Neck / cervical spine Board decisions

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.

The Board has remanded the case due to a failure to obtain private medical records from Patients First in Tallahassee, Florida. The Veteran is asked to provide the names and addresses of any healthcare providers who have treated him for his disabilities.

The Veteran's cervical spine disability, which was previously rated at 10 percent prior to June 1, 2009, is now rated at 30 percent from that date. The Board found that the disability did not meet the criteria for a higher rating due to lack of unfavorable ankylosis.

The Veteran's appeal is being remanded for a Board videoconference hearing due to her and her representative's requests.

The Board has reopened the Veteran's claims for service connection for low back and cervical spine disabilities, as well as his increased rating claim for bilateral pes planus. The new evidence received since the final denial of these claims is found to be material and sufficient to reopen them.

The Board has remanded the Veteran's claims for further development due to insufficient opinions regarding the etiology of his neck disability and incomplete treatment records.

The Board has determined that the Veteran's current gynecological disorder, including hysterectomy, is not related to service and therefore denied her claim for service connection.

The Board finds that the Veteran's current low back and neck disabilities are less likely than not incurred in or caused by his service, with no significant injury documented during service. The lapse of time between separation from service and the earliest documentation of disability is a factor to consider.