Neck / cervical spine decisions — 2012

The Veteran's claim for increased ratings for his cervical spine disability was denied. The RO found that the evidence did not meet the criteria for a higher rating at any point.

The Veteran's service-connected cervical spine, lumbar spine and right foot disabilities have been granted initial evaluations. The cervical spine disability is rated at 10 percent prior to April 20, 2010, and at 20 percent beginning on that date. The lumbar spine disability is rated at 10 percent. The right foot disability is rated at 10 percent.

The Veteran's cervical spine disability is rated at 10 percent, and a separate rating for his left upper extremity radiculopathy was granted.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals. The issues include seeking increased disability ratings, reopening service connection claims, and TDIU.

The Board has determined that the Veteran does not have a current right ear hearing loss disability for VA compensation purposes. The Veteran's currently manifested left ear hearing loss first manifested many years after service and is not causally related to event(s) during his military service. Tinnitus had its onset during active service. There is evidence of sleep problems during military service, competent medical evidence of a current diagnosis of sleep apnea, and competent allegations of continuity of sleep problems beginning during service to the present.

The Board found no evidence of a chronic cervical spine disability in service or within the presumptive period, and concluded that the Veteran's current cervical spine disability is not related to his military service.

The Veteran's headaches were found to be related to service, and she is granted service connection for this condition.

The Veteran's appeal is being remanded for additional development, including VA examinations to address the etiology of his claimed disabilities and to clarify the nature and severity of his service-connected left ulnar neuropathy.

The Board denied the Veteran's claims for higher evaluations for his cervical spine disability, radiculopathy of the upper extremities, and hypertension. The Veteran was not granted any increased ratings.

The Board has granted service connection for traumatic arthritis of the cervical and thoracic spine, both shoulders, and lumbosacral spine. The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) is REMANDED.

The Board denied the Veteran's claims for increased evaluations for his service-connected chronic lumbosacral strain and chronic cervical strain, finding that the evidence did not meet the criteria for a higher evaluation.

The Veteran's service connection claims for chronic bronchitis with COPD, frostbite injuries to both feet, cervical spine degenerative disc disease, left hip arthritis, and bilateral hearing loss were granted effective September 27, 2002. His claim for tinnitus was granted effective August 17, 2006.

The Board found that the Veteran's lung disability (bronchitis) is not related to service, but reopened her claims for lumbosacral spine and bilateral knee disabilities due to new evidence. The claim for bilateral foot disability was also reopened.

The Board denied the Veteran's claims for service connection for DDD of the cervical spine, radiculopathy of the bilateral upper and lower extremities, as well as a higher rating for ankylosing spondylitis. The Board found that these conditions were not related to his service-connected ankylosing spondylitis.

The Veteran's appeal was denied as the reduction of his disability rating for adenoid cystic cancer from 100% to noncompensable was found to be proper, and he did not meet criteria for an increased rating or a compensable rating for other service-connected conditions.

The Board has determined that the Veteran's cervical spine disability and bilateral hearing loss were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Board has reopened the claim and found that new evidence supports a finding of current cervical spine disability related to service. The Veteran's current condition is considered direct service connection.

The Board has determined that the Veteran's cervical spondylosis was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The VA examination provided a thorough review of the claims file, including the Veteran's history and symptoms, and concluded that his current cervical spine disability is not related to military service.

The Board has determined that additional development is necessary to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to service.

The Board has dismissed the Veteran's claim for a TDIU from December 19, 2005 as moot due to the grant of this benefit in September 2010. The case is remanded for referral of the increased ratings claims and TDIU prior to December 19, 2005 to the Under Secretary for Benefits or Director of Compensation and Pension Service.