Neck / cervical spine Board decisions

The Veteran's service-connected disabilities, when considered together, render her unable to secure or maintain substantially gainful employment.

The Board has determined that the Veteran does not have a neck disability that is related to his military service and therefore denied his claim for service connection.

The Veteran's cervical spine disability is related to service and the Board has granted service connection. The claim for hypertension remains pending as there are no conclusive findings or opinions regarding its etiology.

The Veteran's joint aches, osteoarthritis of the cervical and lumbar spine, degenerative changes of the right shoulder, and polyarthralgias were not incurred or aggravated in service. The Board found insufficient clinical, laboratory, or radiographic evidence to support these conditions.

The Veteran withdrew her appeal regarding several rating and effective date claims, including for major depressive disorder with anxiety disorder, left thoracic outlet syndrome, removal of middle and anterior scalene muscles, status post resection cervical and first thoracic ribs, residual scar, and service connection.

The Board has granted reopening of the previously denied claims for service connection for hypertension, left and right knee disabilities, bilateral pes planus, bilateral plantar fasciitis, and neck disability. The evidence submitted since the last denial supports a finding that these conditions were incurred in or are related to service.

The Veteran's combined rating is 90 percent, with service-connected disabilities rated as 80 percent for the left hand and arm, 20 percent each for the knees and feet, and 10 percent for right hernial nerve palsy. The Board finds that no effective function remains in the left hand, arm, foot or leg other than what would be equally well served by an amputation with use of a suitable prosthetic appliance.,The Veteran is found to need aid and attendance due to service-connected disabilities.

The Veteran's service-connected disabilities do not meet the criteria for a higher rating or TDIU, as his combined disability rating is below the threshold required and he has been able to maintain employment despite his physical disabilities.

The Veteran's appeal is being remanded due to the need for hearings as requested. The claims will be returned to the Board after these hearings are conducted.

The Veteran's claim for increased rating of migraine headaches has been granted with a maximum rating of 50 percent. The claims for service connection for cervical spine disability and left arm disability have been reopened, but the Board finds that new evidence does not establish a relationship between these disabilities and active service.

The Veteran's cervical spine disability was initially rated at 10 percent since July 31, 2002. The rating has been maintained due to the lack of evidence showing more than slight limitation of motion.

The Veteran's appeal is being remanded for additional development, including obtaining workers' compensation records and arranging for a VA examination to assess the severity of his cervical strain with headaches and herniated cervical disks.

The Board has remanded the case for additional development, including scheduling a VA examination to assess the etiology of the Veteran's headaches and neck disabilities. The Veteran is also in receipt of service-connected benefits for his right shoulder disability.

The Board denied the Veteran's claims for service connection for a cervical strain, spurring and superior end-plate changes of the thoracolumbar spine, residuals of a TBI including episodes of syncope, and migraine headaches. The Board found that these conditions were not incurred in or aggravated by service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining relevant VA treatment records and conducting medical opinions regarding his right knee, right shoulder, and neck conditions.

The Veteran's cervical spine disability is currently rated at 30 percent, and her thoracolumbar spine disability is rated at 20 percent. The Board has granted the requested increased ratings for both disabilities.

The Veteran's appeal is being remanded for a new examination to assess the combined effects of his service-connected disabilities on his ability to secure or follow substantially gainful employment.

The Board has determined that the Veteran's cervical spine disability is related to service, and thus granted service connection for this condition. The issues of entitlement to service connection for ischemic heart disease and left leg shorter than right leg are also addressed.

The Veteran's claims for cervical spine, sciatic nerve disease, and loss of sensation in the right leg are denied as there is no current evidence of these conditions.

The Board has determined that the Veteran's cervical spine disability was not incurred or aggravated in service and is not related to his service-connected lumbar spine disability.