Neck / cervical spine decisions — 2013

The Board has determined that the Veteran's claimed conditions are not etiologically related to service or a service-connected disability, and thus denied his claims for service connection.

The Board finds that the Veteran likely developed multilevel cervical spine DDD while in service, and grants entitlement to service connection for this condition based on a presumption of service connection.

The Board finds that the preponderance of evidence is against finding a current cervical spine disability that had its onset in service or is otherwise associated with service. The Veteran's claim for service connection for a cervical spine disability is denied.

The Veteran's claim for a higher rate of SMC based on the need for a higher level of aid and attendance (A&A) has been denied as he is not shown to be in need of such care.

The Veteran's claims for service connection and increased ratings are being remanded to obtain additional medical evidence, including VA treatment records. The right knee disability claim will also be considered under the presumptive provisions of 38 C.F.R. § 3.317 due to Southwest Asia Service and Kuwait Liberation Medals.

The Veteran's lumbar strain with degenerative disc disease is rated at 40 percent as of April 14, 2011. His cervical spine disability remains rated at 30 percent throughout the appeal period.

The Board has determined that the Veteran's reported in-service injury is not credible, and therefore, service connection for any cervical spine disorder, numbness and tingling of the lower extremities, or headaches cannot be established. The Board also found no evidence of a chronic disease manifesting within one year post-service.

The Veteran's peripheral neuropathy of the lower extremities is granted as secondary to his service-connected lumbar spine disability. The issues of entitlement to service connection for peripheral neuropathy of the upper extremities are remanded due to potential inextricably intertwined issues with the issue on appeal.

The Board has granted service connection for T12 and L1 anterior compression fractures, reopening the claim of service connection for a low back disability. The Veteran's cervical spine disability is also service connected.

The Veteran's claims for increased evaluations and separate evaluations have been denied. The Board found that the evidence did not support additional convalescence benefits or higher ratings for his service-connected conditions.

The Board has determined that the Veteran's current cervical spine disabilities are not related to his active duty service and have denied both direct and secondary service connection claims.

The Veteran's claim for a temporary total disability rating due to treatment for cervical strain requiring convalescence is being remanded as the service connection theory and evidence need further clarification.

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional development, including scheduling an examination and obtaining an addendum opinion.

The Board denied the Veteran's claims for increased ratings for various service-connected disabilities, finding that none of them warranted a rating higher than 20 percent.

The Veteran's degenerative arthritis of the cervical spine is currently rated at 20 percent, which meets the criteria for a higher rating. The appeal was granted.

The Veteran seeks service connection for a cervical spine disorder, which he attributes to his active duty service. The Board has determined that additional development is needed due to the lack of medical nexus opinions and VA treatment records.

The Veteran's claim for a TDIU is being remanded due to the need to adjudicate his increased rating claims and complete additional development, including obtaining an addendum opinion regarding whether his service-connected disabilities render him unemployable.

The Board found that the Veteran's cervical and thoracolumbar spine disabilities did not manifest during active military service or within one year of separation, and concluded they were caused by psoriatic arthritis and associated degeneration rather than a back injury in service.

The Board has remanded the case for further development, including obtaining Air Force records related to a claimed in-service automobile accident and scheduling a VA examination. The Veteran's claim for service connection for a cervical spine disability will be reconsidered based on the additional evidence.

The Board has remanded the Veteran's claims for increased ratings and service connection due to insufficient evidence in the record.