Neck / cervical spine decisions — 2013

The Veteran's service connection claims for migraine headaches, thoracolumbar disorder, and cervical spine disorder have been granted. The Board found that the Veteran had unremitting headache symptoms since service and currently has diagnosed migraine headaches related to service. For the thoracolumbar and cervical spine disorders, the Board noted current diagnoses but was unable to provide a nexus opinion without resorting to speculation.

The Veteran's cervical spine disability is currently rated at 30 percent, and the Board has determined that a higher evaluation is not warranted.

The Board has determined that the Veteran's current cervical spine disability is not related to his military service and has denied his claim for service connection.

The Board found no evidence of a service connection for the Veteran's bilateral shoulder disability and cervical spine disability, as there was no in-service injury or disease that led to these conditions. The VA examiner opined that it was less likely than not that the current disabilities were caused by or related to service.

The Veteran withdrew his appeals for service connection and increased rating claims related to hypertension, cervical spine disability, right patella chondromalacia, and left patella chondromalacia.

The Board has determined that the Veteran's current disabilities, including memory loss, neurological problems, cervical stenosis, and residuals of a thoracic spine compression fracture, are not related to his service-connected conditions or an in-service incident involving elevated arsenic levels. The claim for service connection is therefore denied.

The Board finds that the Veteran's DISH syndrome of the cervical spine and left hip, as well as his esophagus problems, are not related to his military service or a service-connected disability.

The Veteran's cervical and thoracic spine disabilities are being considered for service connection, but the Board is unable to definitively determine if they are related to his military service or a service-connected condition. The VA examiner will provide an updated opinion on this issue.

The Veteran's TDIU claim is granted, and his claims for service connection of various knee, back, ankle, and hip disorders are reopened. The effective date remains pending.

The Veteran's service-connected cervical and lumbar spine disabilities rendered him unemployable from September 28, 2004 to August 3, 2011. The Board granted a total disability rating due to individual unemployability (TDIU) for this period.

The Veteran's GERD, cervical spine strain, and lumbar spine strain have been rated at the maximum available rating of 30 percent for each condition. The appeal is granted.

The Veteran withdrew his appeal of the issue of entitlement to service connection for thoracic spine disability during a hearing. The Board has no further jurisdiction in this matter.

The Board has determined that additional development is needed to substantiate the Veteran's claims for service connection of his back, neck, and hearing loss disabilities. The case will be remanded for further action.

The Veteran's appeal is being remanded for scheduling of VA examinations to determine the current severity of his cervical spine disorder. The claim will be reconsidered after these examinations are completed.

The Board denied service connection for dizziness, right hand tremors, cervical spine disability, and bilateral knee disability. The Veteran's claims were not supported by sufficient evidence to establish a nexus between the disabilities and active duty service.

The Veteran's claims for increased rating of left knee condition, reopening of pneumonia service connection claim, and reopening of cervical spine disc herniation claim have been granted.

The Veteran's appeal is being remanded due to scheduling conflicts for a hearing. Service connection claims for cervical spine disability and bilateral hand condition (claimed as numbness) are pending.

The Board found no current disability involving the left shoulder and denied service connection for right shoulder and cervical spine disabilities, concluding that they are not related to service or service-connected conditions.

The Veteran's appeal includes a claim for an increased rating for her lumbar sprain and strain, currently rated at 20 percent. She also has a claim for TDIU based on all of her service-connected disabilities. The case is being remanded to obtain updated examinations and ensure compliance with prior remand directives.

The Veteran's claims for earlier effective dates for the grants of service connection for radiation to his right and left upper extremities associated with cervical spine degenerative changes have been granted, effective May 18, 2001. The other issues remain unresolved.