Neck / cervical spine decisions — 2013

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since December 4, 2003.

The Veteran's service-connected cervical spine degenerative joint disease and degenerative disc disease have been manifested by painful motion with functional loss equating to no worse than limitation of flexion to 20 degrees. The criteria for a rating greater than 20 percent for these conditions have not been met.

The Board found that the Veteran's service-connected disabilities did not cause or contribute to his death from multiple myeloma, which was not shown in service or within a presumptive period.

The Board has determined that the Veteran's cervical spine disability and radiculopathy of the upper extremities were not present in service or until many years thereafter, and are not related to service. As such, the claims for service connection have been denied.

The Veteran has effectively lost the use of both lower extremities due to his service-connected degenerative disc disease of the cervical spine and degenerative arthritis of the lumbosacral spine, which precludes him from using his legs without assistance. As a result, he is eligible for specially adapted housing but not for a special home adaptation grant.

The Veteran's appeal is remanded for further development of the evidence, including obtaining updated VA and private medical records, arranging for an orthopedic examination to assess his neck disability, low back disability, and left knee disability, and readjudicating the claims.

The Veteran's combined initial rating for service-connected disabilities was granted effective from September 20, 2001 and increased to a combined 100 percent rating effective from October 10, 2007. The appeal is denied as the claimant has not provided evidence of unemployability due solely to service-connected disabilities prior to this date.

The Veteran's cervical spine disability, which included a cervical fusion of C5-C7, was rated at 10 percent before May 5, 2011. From May 5, 2011, the rating was increased to 20 percent due to forward flexion being greater than 15 degrees but not less than 30 degrees and a combined range of motion not exceeding 170 degrees.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for service-connected thoracolumbosacral strain and cervical spine strain due to failure to comply with a previous remand directive.

The Veteran's claims for service connection for a cervical spine disorder and an acquired psychiatric disorder, to include as secondary to his service-connected lumbar spine disability, are being remanded due to the need for additional development of his medical records.

The Board has denied the Veteran's claims for service connection for a disability of the hands, cervical lymphadenopathy, and skin cancer or its residuals. The evidence did not demonstrate current disabilities.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder and anxiety and depression, as secondary to service-connected ulcerative colitis. The evidence does not support a finding of continuity of symptoms since service separation.

The Veteran seeks service connection for cervical and lumbar spine disorders, alleging in-service trauma. The case is being remanded to obtain a medical opinion regarding the etiology of his current spinal conditions.

The Board has determined that the Veteran is satisfied with the current rating for his cervical spine disability and therefore, the appeal in this matter must be dismissed. The claim of service connection for a left shoulder disability was denied as there is no evidence of a chronic left shoulder disability.

The Veteran's cervical radiculopathy is found to be secondary to his service-connected cervical spondylosis, and the claim for carpal tunnel syndrome as secondary to cervical spondylosis is granted.

The Board denied claims for service connection for lumbar paravertebral myositis and degenerative disc disease of the cervical spine, finding that these conditions were not related to service or a service-connected disability.

The Board has denied service connection for a cervical spine disability and stomach condition, but granted service connection for a gastric ulcer. The case is being remanded to obtain SSA records.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for cervical spine disability. The VA physician provided an opinion linking the Veteran's current cervical spine disability to her active duty training injury in August 1986, which is considered sufficient to grant service connection.

The Veteran's cervical spine condition and radiculopathy were not incurred in service or due to a service-connected disability, thus the claims for service connection are denied.

The Veteran's cervical strain is rated at 10 percent, and his radiculopathy involving C7 nerve roots associated with cervical strain is rated at 20 percent effective November 2, 2012. The Veteran's residuals of right foot injury and left foot injury are each rated at 10 percent, and the Veteran's bilateral hand rash does not meet any compensable rating criteria.