Neck / cervical spine Board decisions

The Veteran's service-connected disabilities, including PTSD and psychotic disorder, cervical spine disability, low back disability, tinnitus, shell fragment wound scars, hemorrhoids, and left ear hearing loss, result in painful, limited motion that impairs his ability to perform employment of both a physical and sedentary nature. The evidence is at least in equipoise as to whether these disabilities prevent him from obtaining and retaining substantially gainful employment.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and scheduling a spine examination.

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

The Veteran's appeal is being remanded due to the need for additional development and consideration of his claims, including a statement of the case regarding higher initial ratings for muscle weakness of the left upper and lower extremities, residuals of cervical spine surgery.

The Veteran's service-connected disabilities do not meet the criteria for SMC due to aid and attendance or a single disability rated as 100 percent disabling.

The Veteran is seeking service connection for a cervical spine disability, which he claims is related to an assault during military service. The VA examiner found no evidence linking the current neck disability to service, but did not provide adequate rationale or discuss all relevant evidence.

The Veteran's fibromyalgia has been granted service connection based on the presumption in favor of Persian Gulf War veterans. The other issues have not yet been decided.

The Veteran has withdrawn all his appeals, including the one regarding service connection for a sinus disability. As a result, the Board does not have jurisdiction to decide these matters.

The Veteran's lumbar spine disability is rated at 40 percent disabling, effective from May 31, 2011. The claim for service connection for a cervical spine disability and bilateral shoulder disabilities was granted.

The Board has determined that the Veteran does not have a diagnosed cervical spine disability and therefore, service connection for this condition is denied.

The Board has determined that it does not have authority to grant an extraschedular evaluation for the Veteran's cervical spine disorder, as only the Under Secretary for Benefits and the Director of Compensation Service have this authority.

The Board denied the Veteran's claims of service connection for diabetes mellitus, type II, a neck disability, a right hand disability, and asbestosis due to lack of evidence linking these conditions to his active service.

The Veteran's initial disability ratings for degenerative disc disease of the cervical spine and radiculopathy of the left upper extremity associated with cervical spine disability have been granted, effective August 31, 2012.

The Board has granted the Veteran's request to reopen his claim for service connection for degenerative arthritis of the cervical, thoracic, and lumbar spine. The case is now remanded for further development including a VA examination.

The Veteran's MRSA is found to be at least as likely as not related to service, and the claim for service connection is granted. The remaining issues are remanded for further development.

The Veteran's claim for a higher initial evaluation of 20 percent for cervical spondylosis from November 18, 2004 was granted. The rating remains at 20 percent.

The Board has determined that the Veteran's right arm, cervical spine, and lumbar spine disabilities are not service-connected as they are not related to her active military service.

The Board denied the Veteran's claims for service connection for coronary artery disease, peripheral neuropathy of the upper and lower extremities, rhabdomyolysis, and carpal tunnel syndrome. The evidence did not establish a link between these conditions and active duty service.

The Veteran's combined disability rating is 80 percent, which meets the percentage requirements for a TDIU. However, his service-connected disabilities do not preclude him from securing and following all substantially gainful employment consistent with his education and occupational experience.

The Veteran's service connection claims for obstructive sleep apnea with fatigue, right knee arthritis, left hip arthritis, lumbosacral spine degenerative disc disease and cervical spine degenerative disc disease were granted. The effective dates for the right knee and left hip conditions are set at April 14, 2010, while those for the lumbosacral spine and cervical spine conditions are set at August 20, 2010.