Neck / cervical spine decisions — 2013

The Veteran's service-connected cervical spine disability was rated at 10 percent prior to November 9, 2010 and at 20 percent thereafter. The Board found that the evidence did not support a higher rating for any period.

The Board denied the Veteran's claims for service connection for residuals of injury to the thoracic and lumbar spine, as well as her requests for initial ratings in excess of 20 percent for degenerative changes to C5-6, residuals of injury to the cervical spine, and an initial rating in excess of 30 percent for cervical radiculopathy of the left arm. The Veteran's disabilities were found not related to service.

The Board has determined that additional VA examinations are needed to address the Veteran's claims for cervical, thoracic, and lumbar spine disorders due to potential service connection issues.

The Veteran's service-connected shrapnel wound of the left leg with residual scars is rated at 10 percent, effective from November 2007. The Veteran does not have a current disability of left ear hearing loss and has not been diagnosed with sensorineural hearing loss of the left ear.

The Board found that the Veteran's cervical spine disability is not related to his service-connected right shoulder disability and did not meet the criteria for direct service connection.

The Veteran's death was caused by his willful misconduct of abusing prescription medication, which is not service-connected.

The Board has determined that further development is needed to adjudicate the Veteran's claims for service connection for neck and low back disabilities, including a VA examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's appeals for increased evaluations and service connection have been withdrawn. The issue of entitlement to a total disability rating based on individual unemployability has been granted.

The Board has granted service connection for the Veteran's right shoulder disability and neck disability with associated headaches, finding that these conditions are related to his in-service injuries.

The Board has determined that the Veteran's lumbar spine disability is related to his service-connected peripheral neuropathy, and thus grants service connection for this condition. The cervical spine disability is found to be aggravated by a service-connected condition (peripheral neuropathy), but not caused or aggravated by service or service-connected conditions.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a comprehensive examination of his lumbar and cervical spine conditions.

The Veteran's claimed conditions were not incurred or aggravated by his military service, including active duty for training and inactive duty for training. The Board finds no evidence of a nexus between the current disabilities and service.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's service-connected disabilities, including a left shoulder disability; radiculopathy of the left upper extremity; cervical spinal stenosis at C6-C7; and radiculopathy of the right upper extremity, prevent him from securing or following substantially gainful employment.

The Board has reopened the claims for service connection for degenerative disc disease, cervical spine; hypothyroidism; and epilepsy. The Veteran's PTSD claim remains pending.

The Board found that the Veteran's claimed lumbar strain with DDD of the thoracolumbar spine, cervical spinal stenosis, left shoulder disorder, and bilateral knee disorder were not incurred in or aggravated by service. The failure to report for VA examinations served only to deprive the Board of critical clarifying medical evidence.

The Board has ordered a remand to obtain an addendum opinion regarding the Veteran's service connection claim for degenerative disc disease of the cervical spine, including whether it is at least as likely as not caused or aggravated by his service-connected disabilities.

The Board has reopened the Veteran's claim for service connection of a cervical spine disorder and granted it, finding that there is sufficient evidence to support the claim based on continuity of symptomatology since service.

The Board has determined that the Veteran's deviated septum and cervical spine disabilities are related to service, while his sinus disability is not. The Veteran's nose disability was found to be less likely caused by service.