Neck / cervical spine decisions — 2013

The Board has determined that the Veteran's neck and hip disabilities are not related to his military service.

The Board has determined that the Veteran's claimed cervical spine, lumbar spine, bilateral shoulder, left hip, and left ankle disabilities are not related to service. The evidence does not show any in-service injury or disease resulting in these conditions.

The Board denied both issues on appeal, finding that new and material evidence had not been received to reopen the claim for arthritis of the right arm. The issue of service connection for spondylotic myelopathy of the cervical spine was also denied.

The Board has determined that the Veteran's degenerative changes of the cervical spine are related to his military service and grants service connection for this condition. The issues of right shoulder disorder and left shoulder disorder, both secondary to the cervical spine disability, will be addressed separately.

The Veteran's initial compensable rating for perianal cyst/abscess has been granted, but the appeal is not about service connection for cervical spine disorder or dental disorder.

The Board denied service connection for a low back disability, a neck (cervical spine) disability, and right ear hearing loss. The Veteran's skin disorder was not related to service, but herpes simplex was found to be related to active service.

The Veteran's service-connected disabilities, including left lower extremity hemiparesis, cervical spine degenerative changes, and other orthopedic conditions, prevent him from securing or following a substantially gainful occupation due to their combined effects. The Board grants the TDIU rating.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and verifying his reserve service.

The Board has determined that the Veteran's claims of service connection for a low back disability, right shoulder disability, and cervical spine disability have been denied due to lack of new and material evidence.

The case is being remanded for additional development, including obtaining SSA records and providing addendum opinions from a VA examiner and Dr. H.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to assess the severity of his service-connected cervical spine disability. The TDIU claim will also be considered in light of this new evidence.

The Veteran's cervical spine disorder, sinusitis, and deviated septum are not shown to be due to any event or incident of his military service.

The Veteran's claims for increased ratings for his right shoulder and neck disabilities were denied as the evidence did not support a higher rating based on current functional impairment.

The Veteran's claim for an initial compensable rating for bilateral hearing loss is denied. The Board finds that the Veteran does not meet the criteria for a compensable evaluation under VA rating criteria.

The Board has determined that the Veteran's current neck, back, and sleep apnea disabilities are related to his active duty service. The claims for these conditions have been granted.

The Board has determined that additional evidence is needed to adjudicate the Veteran's claims, including obtaining missing service treatment records and determining if the Veteran meets eligibility requirements for dental treatment.

The Veteran's claims for service connection for upper back and cervical spine disabilities are being remanded due to the need for additional development, including obtaining missing service records and a VA examination.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities did not arise during service or are not related to any in-service injury, thus denying his claims for service connection.

The Board found that a chronic cervical spine disability was not incurred in or caused by the Veteran's active duty service, nor may it be presumed to have been incurred in such service, and is not shown to have been caused or aggravated by any service-connected disability.

The Veteran's cervical spine disability was rated at 20 percent prior to October 1, 2009. The evidence did not meet the criteria for a higher rating.