Neck / cervical spine decisions — 2013

The Veteran's current residuals of a cervical spine injury, including a small cervical herniated disc, are related to his military service and the Board grants service connection for these conditions.

The Veteran's service-connected migraine headaches, hemorrhoids, gastroesophageal reflux disease (GERD), and left leg deep vein thrombosis (DVT) were granted increased ratings. The Veteran's bilateral hearing loss, low back disability, cervical spine disability, sinusitis, right knee disability, and bilateral plantar fasciitis issues remain unresolved.

The Board has remanded the case due to incomplete records and need for additional examinations. The Veteran's claims of service connection and increased rating will be reconsidered after obtaining the necessary medical records and conducting further evaluations.

The Veteran's claims for higher ratings for his back disability were denied. The Board found that the evidence did not show a current cervical spine disability or any new and material evidence to reopen the claim.

The Board has determined that the Veteran's cervical and lumbar spine disorders are the result of injury sustained during his period of active duty, and service connection is granted for these conditions.

The Veteran's private hospitalization on September 9, 2011 was due to a service-connected condition (laryngeal hemangioma) and other nonservice-connected conditions. The VAMC in Gainesville, Florida did not provide adequate medical care for his condition prior to the private hospitalization.

The Board has granted service connection for the Veteran's depressive disorder as secondary to his service-connected low back, right hip, and right ankle disabilities. The remaining claims of service connection for a cervical spine disorder, idiopathic polyneuropathy of the right leg and right hip, and TDIU are remanded.

The Board has denied the Veteran's claims for higher initial disability ratings and service connection for various conditions, including tinnitus, hearing loss, rotator cuff disability of the right shoulder with bone spur, post-operative cervical strain with spinal stenosis, allergic rhinitis, skin disability manifested by urticarial wheals, and loss of tooth No. 19.

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

The Veteran's increased ratings for his service-connected lumbar spine, cervical spine, right elbow, and right ankle/lower extremity disabilities have been granted.

The Board granted service connection for tinnitus in his right ear and granted a 20 percent rating for degenerative facet joint L5-S1 with bulge, lordosis, and spondylosis (back condition). The other issues were not addressed as the appeal was not about service connection at all.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, thus the Board finds that he is unemployable.

The Board has determined that the Veteran was unemployable due to his service-connected disabilities as of January 21, 2005, and therefore grants an effective date of January 21, 2005 for TDIU.

The Veteran's claim for TDIU prior to November 17, 2010 is being remanded due to the need for referral to the Director of Compensation and Pension Services for extraschedular consideration.

The Board denied the Veteran's claims of service connection for right shoulder, cervical spine, and lumbar spine disabilities due to lack of evidence linking these conditions to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and vocational rehabilitation documents. He needs to be provided with a proper VCAA notice letter addressing how to establish service connection on a secondary basis.

The Veteran's current neuropathy in his bilateral upper extremities is being remanded for additional development to determine its relationship to his service-connected neck disability or any other event in service.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the issues of service connection for cervical and lumbar spine disorders due to incomplete records from private providers. The Veteran is requested to provide authorizations for these providers so that all relevant treatment records can be obtained.

The Veteran's cervical cancer residuals have been denied, and the issues of right knee patellofemoral syndrome and left knee patellofemoral syndrome are also denied. The Veteran is not entitled to a compensable rating for her cervical cancer residuals, an initial disability rating in excess of 10 percent for her right knee patellofemoral syndrome from September 4, 2009 to June 21, 2011, or an initial disability rating in excess of 10 percent for her left knee patellofemoral syndrome.