Neck / cervical spine decisions — 2013

The Veteran's service-connected right shoulder disability is linked to his left upper extremity symptoms, including radial nerve neuropathy. Service connection for degenerative disc disease of the cervical spine and thoracic spine has been granted with effective dates set at April 16, 2001.

The Board has determined that the appellant does not have a current disability for which service connection is warranted, and thus the claims are denied.

The Board has determined that the Veteran does not have a diagnosis of PTSD, and therefore service connection for this condition is denied. The issue of cervical spine disability remains pending.

The Veteran's claims for increased ratings were denied. The cervical spine was rated as 10 percent prior to April 22, 2009 and as 20 percent thereafter. The lumbar spine was rated as 10 percent prior to April 22, 2009 and as 40 percent from April 22, 2009 to September 23, 2010.

The Veteran's cervical and lumbar spine disabilities have been rated as 10 percent disabling, but the evidence does not support a higher rating based on current functional impairment.

The Board has determined that a remand is necessary to obtain additional medical opinions and to ensure all pertinent records are considered in the adjudication of the Veteran's claims for service connection for cervical and lumbar spine disorders.

The Veteran's appeal is being remanded to obtain additional records, provide VCAA notice, and schedule VA examinations for his neck and bilateral foot disorders. The left ear hearing loss claim will also be readjudicated.

The Board has determined that the Veteran's claims for increased ratings for his degenerative joint disease of the lumbar spine and cervical spine have been denied as they do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for increased evaluations for his lumbar and cervical spine disabilities were denied. The VA determined that the Veteran's conditions did not meet criteria for a higher evaluation based on the severity of his symptoms.

The Board found that the Veteran's cervical and lumbar spine disorders are not related to his period of honorable active service, and thus denied service connection for these conditions.

The Veteran's claims for higher initial ratings for cervical spine disability, lumbar spine disability, and excisions of basal cell carcinoma were denied.,Higher initial ratings were not granted for the Veteran's cervical spine disability, lumbar spine disability, or excisions of basal cell carcinoma.

The Board has granted the Veteran's claims for higher ratings for lumbar and cervical spine disabilities, but denied his claim for service connection for a left shoulder disorder. The TDIU issue is also addressed.

The Veteran withdrew his appeal regarding the issue of service connection for a cervical spine disability.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability due to new and material evidence. The TDIU claim is also remanded as it is inextricably intertwined with the service connection issue.

The Board finds that the Veteran's current cervical spine disability is not related to his active duty service and does not meet the criteria for service connection.

The Veteran's appeal is being remanded to obtain an addendum medical opinion clarifying whether his service-connected disabilities render him unable to secure or maintain substantially gainful employment.

The Board has determined that the Veteran's cervical spine, lumbar spine, and kidney disabilities were not incurred in or aggravated by service.

The Veteran's appeal is being remanded to the RO for further consideration of his claim under both the old and new versions of the applicable rating criteria, including the former criteria that are more favorable to him.

The Veteran's claims for increased ratings and service connection were denied. The initial rating of 10 percent for bilateral tinnitus was upheld, as the disability is already at its maximum schedular level under Diagnostic Code 6260. A separate compensable rating for erectile dysfunction was also denied due to lack of penile deformity.

The Veteran's initial increased ratings for left shoulder disability and degenerative disc disease with spurring and bulging disc of the cervical and thoraco-lumbar spine were granted, but no higher as of August 11, 2010.