Neck / cervical spine decisions — 2014

The Board has determined that there is new and material evidence to reopen the claims for service connection for cervical and lumbar spine disabilities, which are now granted as these conditions are found to be related to the Veteran's military service. The right leg disability, right elbow disability, and bilateral arm disability remain pending.

The Board has determined that it is at least as likely as not that the Veteran's cervical spine disability, diagnosed as spondylosis and degenerative disc disease, resulted from in-service injury to the cervical spine. Therefore, service connection for this condition is granted.

The Veteran's service-connected disabilities are too numerous and severe to identify a feasible vocational goal, leading to the denial of his VR&E benefits.

The Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected cervical spine arthritis was denied. The evidence did not support a finding that the disability warranted a higher rating based on functional loss, muscle spasm, guarding, localized tenderness, vertebral body fracture, intervertebral disc syndrome requiring bed rest prescribed by a physician, or associated neurological impairment.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the severity of his cervical spine, thoracic spine, right shoulder, and right hip disabilities. The appeal also includes service connection claims for bilateral corneal abrasions.

The Board has determined that the Veteran's current lumbar and cervical spine disorders are causally related to an in-service back injury, thus granting service connection for these conditions.

The Board found insufficient evidence to grant service connection for a bilateral shoulder disability and denied entitlement to a total disability rating based on individual unemployability prior to November 10, 2009.

The Veteran's appeal is being remanded for additional development to clarify the nature and etiology of his claimed disabilities, including ankle, knee, low back, and cervical spine disabilities.

The Veteran's sleep apnea, left shoulder disability (other than cervical radiculopathy), and back disability (other than cervical spine) were not found to be related to service or a service-connected condition.

The Veteran's claim for service connection for a cervical spine condition was denied due to lack of evidence in service records and no new material evidence submitted.,Service connection for sleep apnea is not granted as it is less likely than not caused by or aggravated by PTSD.

The Veteran's claims for service connection and increased ratings were denied. The claim for left ear hearing loss was not substantiated as the Veteran did not have sufficient impairment to qualify as a disability. The claim for service connection for residuals of left leg thrombosis, respiratory disability, and left knee disability is addressed in the REMAND section. Other claims are denied.

The Veteran's claim for a schedular rating in excess of 20 percent for cervical strain was denied. The Board found that the evidence did not show that the criteria for a higher schedular rating were met at any time during the appeal period.

The Board has remanded the Veteran's claims for service connection for a bilateral lung disorder and cervical spine disorder to the AOJ for further development.

The Board is remanding the case for further development due to a lack of compliance with previous remand directives.

The Board has remanded the case due to inadequate examination and requests a new opinion on whether the Veteran's cervical spine and thoracic spine disabilities are related to his active service.

The Veteran's service-connected disabilities rendered him unable to care for most of his daily personal needs or to protect himself from the hazards and dangers incident to his daily environment without the assistance of others, warranting special monthly compensation based on need for regular aid and attendance.

The Board found that the Veteran's bilateral shoulder and neck disabilities were not incurred or aggravated during active service, nor are they proximately due to a service-connected disability. The VA examinations and medical records do not support these claims.

The Board found that the Veteran's cervical spinal stenosis and degenerative disc disease of the cervical spine are not service-connected as they were congenital defects without superimposed injury or disease, and there is no evidence showing a link between these conditions and service.

The Board has determined that the Veteran's current neck and back disabilities are related to his service, including a grenade explosion during basic training. Service connection is granted for these conditions.

The Veteran's low back disorder is found to be related to service, and the claim for this condition is granted.