Neck / cervical spine decisions — 2013

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board has remanded the case due to inadequate examination regarding whether a cervical spine disorder is caused or aggravated by a service-connected lumbar spine disability. The Veteran's claim for secondary service connection will be readjudicated after completion of the requested development.

The Board denied service connection for cervical and thoracic spine disorders, as well as increased ratings for lumbosacral strain and radiculopathy of the lower extremities. The Veteran's claim for SMC based on need for aid and attendance was also denied.

Your appeals for service connection for left shoulder, cervical spine, right hip, and right knee disorders have been dismissed as you withdrew your appeal.

The Veteran's appeal is being remanded to the RO for additional development, including a VA examination and obtaining outstanding medical records. The claims for increased rating of cervical strain and TDIU are within the Board's jurisdiction.

The Board has granted service connection for a lumbar strain with degenerative changes, right shoulder tendinitis, and a cervical strain with degenerative changes. The Veteran's current diagnoses are related to the injury he sustained in service.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board found that the Veteran's current cervical and lumbar spine disabilities were not related to his military service, including lifting heavy items in supply work. The evidence did not support a finding of direct service connection.

The Veteran's right knee DJD, status-post surgery with instability and residual scars is rated at 30 percent from April 10, 2010. His left knee DJD, status-post osteotomy with scars is rated at 10 percent from May 1, 2006 to April 9, 2010.

The Veteran's claims for PTSD, headaches, low back disability, neck disability, and bilateral knee disabilities have been reopened. The evidence now supports a finding of service connection for these conditions.

The Veteran's claims for service connection for various conditions, including abdominal hysterectomy and bilateral salpingo-oophorectomy, cervical spine disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, left knee disorder, right knee disorder, eye disorder/vision loss, and periodontal disease were denied as the evidence did not establish a link between these conditions and her service.

The Veteran's cervical and lumbar sprain/strain with herniated discs were denied initial compensable or higher ratings, as well as entitlement to a TDIU prior to February 12, 2008.

The Board denied the Veteran's claims for service connection for right shoulder radiculopathy and peripheral neuropathy of the right lower extremity, as well as his increased rating claims. The Veteran was granted an increased rating of 20% for peripheral neuropathy of the left lower extremity.

The Board found that the Veteran did not have a cervical spine disability during service and denied his claim for service connection.

The Veteran's cervical spine degenerative disc disease is rated at 30 percent, effective from the date of decision. The Veteran's lumbar spinal degenerative joint disease was increased to 40 percent prior to November 8, 2012 and to 40 percent on and after that date.

The Veteran's service connection claim for degenerative joint disease of the cervical spine is granted, as it was incurred in service. The Board finds that his right upper extremity radiculopathy is related to his service-connected cervical spine disability.

The Board denied the Veteran's claims for increased evaluations for his cervical spine spur at C5, degenerative spurring of the lumbar spine at L3-L4 and residuals of left knee surgery with scar as there was no evidence showing that any condition warranted a higher evaluation.

The Board has granted service connection for headaches and a cervical spine disability, both secondary to the Veteran's right upper trapezius muscle spasm. The effective date of this award is April 3, 2009.

The Board has determined that the service-connected lumbar spine arthritis and the medication taken to alleviate its symptoms contributed substantially and materially to the Veteran's death, leading to his abdominal aortic aneurysm which required surgical repair. As such, the claim for service connection for the cause of the Veteran's death is granted.

The Board has granted service connection for a variety of musculoskeletal and respiratory conditions, including shortness of breath, shoulder disorder, elbow pain, knee disorders, ankle disorders, and neck disorder. The Veteran's claims are supported by his reported symptoms in service and subsequent diagnoses.