Neck / cervical spine decisions — 2014

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's service-connected bilateral hearing loss disability is not shown to be productive of worse than Level I hearing acuity in the right ear or Level II hearing acuity on the left.,For the period prior to October 25, 2013, the service-connected DDD of the cervical spine was shown to have a combined range of motion of the cervical spine not greater than 170 degrees at its most limited.

The Veteran's appeal is being remanded due to incomplete records and the need for additional VCAA notice. The claims will be readjudicated after obtaining any missing records.

The Veteran's service-connected conditions, including lumbar spine, cervical spine, right hip, bilateral knees, jaw fracture residuals (temporomandibular joint), and left elbow disabilities, are granted.

The Board found no current left knee disability and denied service connection for a left knee disability. The Veteran's right, cervical spine, and low back disabilities were not granted as service connected.

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of all issues.

The Board found that the Veteran's lumbar and cervical spine disorders are not service-connected as they are less likely related to his military service, including parachute jumps. The VA examiner opined that any current conditions are more likely due to natural aging rather than in-service incidents.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, effective February 28, 2007. His cervical strain with degenerative arthritis is rated at 20 percent.

The Veteran's cervical spine disorder is not shown to be related to his military service and the Board finds that it was not incurred or aggravated by service.

The Board has remanded the case for additional development due to an inadequate VA opinion. The Veteran's lay statements regarding in-service events and observable symptoms of his back disorders will be addressed by a new examiner.

The Veteran's claims for service connection of right knee and cervical spine disorders, as well as his claim for an increased rating for left knee disability, were denied. However, the Veteran was granted a 60% rating for post-total replacement of the left knee.

The Board has determined that the VA examination and opinion are inadequate to render a decision on the Veteran's claims. The case is therefore being remanded for further development.

The Veteran's claim for vocational rehabilitation benefits was denied because he is already employed in a suitable position and does not have an employment handicap due to his service-connected disabilities.

The Board finds that the Veteran's degenerative disc disease of the cervical spine is related to an in-service injury, and grants service connection for this condition.

The Board has remanded the case due to incomplete records and the need for additional development, including obtaining service treatment records from Guantanamo Bay and Camp Lejeune, North Carolina, as well as VA and private medical records.

The Board has granted service connection for a left ankle disability and bilateral pes planus, but denied service connection for low back, neck, and shoulder disabilities. The Veteran's current foot condition is considered to have existed prior to his military service.

The Veteran's PTSD is rated at 100% since June 3, 2004. His tinnitus is service-connected and rated as secondary to his hypothyroidism. The Veteran's bronchitis is not compensable but warrants a rating of 100%. Other conditions are either not shown or do not warrant increased ratings.

The Veteran's cervical spine ankylosing spondylitis is currently rated at 100 percent, the highest schedular evaluation available. The Veteran also has a separate compensable rating for his neurologic abnormalities associated with his spinal condition.

The Board found that the Veteran's current left shoulder and cervical spine disorders were not incurred in or aggravated by service, as there was no evidence of such during service and a long period without medical complaint after service. The examiner determined it less likely than not that these conditions are related to service.

The Veteran's cervical spine disability, other than a cervical strain, is granted as service connected.,Service connection for the right and left knee disabilities is denied.