Neck / cervical spine decisions — 2013

The Board has dismissed the appeal due to the Veteran's withdrawal of his appeal prior to a decision being made.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a Social and Industrial Survey to determine his employability given his service-connected disabilities.

The Veteran's service-connected cervical and lumbosacral spine disabilities have been rated based on their functional impairment, with no evidence of incapacitating episodes or neurological abnormalities. The current range of motion does not meet the criteria for a compensable rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.,The Veteran's service-connected cervical and lumbosacral spine disabilities have been rated based on their functional impairment, with no evidence of incapacitating episodes or neurological abnormalities. The current range of motion does not meet the criteria for a compensable rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board denied service connection for bilateral hearing loss disability, neck disability, headache disability, and numbness of the fingers of both hands. The Veteran's conditions were not shown to be related to his military service.

The Veteran's IBS with abdominal pain has been granted service connection and assigned a 10 percent rating. The Board finds that the Veteran's left hip, low back, neck, bilateral foot, and bilateral elbow disabilities may be related to his service in the Persian Gulf War.

The Veteran's appeal has been withdrawn by the appellant, and thus all issues are dismissed.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and further development of the case.

The Veteran withdrew his appeal regarding the claim for an evaluation in excess of 30 percent for posttraumatic arthritis of the cervical spine.

The Board found no evidence of an in-service injury to the cervical spine and concluded that any current cervical spine disability is not related to service or a service-connected left shoulder disability. Therefore, service connection for the cervical spine disability was denied.

The Board has determined that the Veteran's claimed disabilities are not related to his service, including any in-service assault. As a result, he is denied service connection for all of these conditions.

The Board has determined that the Veteran's neck, bilateral knee, and bilateral ankle disabilities were not incurred or aggravated during his active service. The evidence does not support a finding of service connection for these conditions.

The Board denied the Veteran's claims for increased ratings for his cervical spine and low back disabilities, finding that the evidence did not meet the criteria for a higher rating under VA disability evaluation criteria.

The Board has determined that the Veteran's current neck disability is not related to his military service and therefore denied his claim for service connection.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine has been reopened and is now pending. The VA will conduct further examination to determine if his current shoulder, bilateral leg, and right wrist disabilities are related to his cervical spine disability.

The Veteran's cervical spine disability was granted a 20% rating prior to October 15, 2012. After that date, the disability is rated at 10%. The Veteran also received separate ratings for incomplete paralysis of the right and left upper extremities, both beginning on October 15, 2012.,The Veteran's neck scar was granted a 10% rating.

The Board has determined that the Veteran's neck disability, visual disability, and neurological deficiencies of the upper extremities are not service-connected. The evidence does not support a finding of in-service injury or disease for these conditions.

The Veteran's appeal of his TDIU claim prior to November 2012 is being remanded for further development and consideration.

The Board found that the Veteran's pre-existing low back disability was aggravated by military service, but his neck disability is not due to or the result of any incident of service.

The Board has determined that the Veteran does not meet the criteria for service connection for a kidney disability, residuals of a concussion, neck disability, or lumbar spine disability due to lack of evidence linking these conditions to his military service.

The Board has determined that the Veteran does not have residuals associated with hysterectomy claimed as muscle spasms, lumbosacral strain, cervical neck pain with bone spur, nerve root irritation, muscle spasms, arthritis, and severe left side pain, or migraine headaches related to service. The claim for PTSD is also denied.