Neck / cervical spine decisions — 2014

The Veteran's cervical spine disability is not service-connected, as it is secondary to a pre-existing low back disability.,Hearing loss and hypertension are not service-connected.

The Veteran's claim for a higher initial rating for degenerative joint and disc disease of the cervical spine was denied. The Board found that the evidence did not meet the criteria for an increased rating, as there were no findings of ankylosis or incapacitating episodes lasting at least 4 weeks during any 12-month period.

The Veteran's service connection claims for PTSD, a neck disability, a back disability, fibromyalgia, and a disorder manifested by chest pain are granted.

The Board has determined that the Veteran's bilateral foot disorder, including plantar warts and pes planus, is service-connected. However, there is no clear and unmistakable evidence to support a finding of in-service aggravation for these conditions. For his back disorder, the Board finds insufficient medical or credible lay evidence to establish an in-service injury or disease that led to current disabilities.

The Veteran's appeal includes claims for service connection and increased ratings for various joint disabilities, as well as a claim for TDIU. The Board has ordered additional development to address these issues.

The Board found that the Veteran's cervical spine disabilities did not manifest during active military service and are not related to a disease, injury, or event during service.

The Board has determined that the Veteran's current cervical spine myelopathy with disc herniation, status post-discectomy with fusion C4-5 and C5-6, is related to an injury incurred during INACDUTRA in April 2003. The right upper extremity and right lower extremity weakness are also found to be caused or aggravated by the cervical spine myelopathy.

The Board denied an increased rating for the Veteran's cervical spine disability, finding that the current 20% rating adequately reflects his symptoms and functional limitations.

The Veteran's appeal is being remanded for additional development, including a new VA examination and completion of a formal application for TDIU.

The Board has granted an increased rating for the Veteran's cervical spine disability to 20 percent effective June 28, 2013.

The Board found that the Veteran's claimed conditions, including presbyopia and COPD, were not shown to be related to service or due to an undiagnosed illness. The claim for service connection was denied.

The Veteran's appeal was not timely filed, and the Board lacks jurisdiction to consider the merits of his claims.

The Veteran's appeal for a higher rating for his service-connected fracture of the left medial malleolus was denied. The Board also found that there is no evidence to support an award of TDIU based on his service-connected disabilities, as they do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's cervical spine, right wrist, left wrist, right hand (palm disorder), left hand (palm disorder), right shoulder, left shoulder osteoarthritis, right knee, and left knee disorders are not service-connected.

The Veteran's appeal for service connection for bilateral hearing loss was dismissed due to his withdrawal of the appeal.

The Board has determined that the Veteran does not have current right ear hearing loss for VA purposes and therefore, service connection for this condition is denied.

The Veteran's claimed disabilities, including cervical spine disability, right elbow and arm disability, left arm and shoulder disability, right ankle disability, left ankle disability, right hip disability, left hip disability, and headaches, were not incurred or aggravated by service. Service connection was denied as the evidence did not establish a nexus between any of these conditions and his military service.

The Board has remanded the case for additional development due to incomplete VA examination and failure to address certain issues.

The Veteran is unable to obtain and maintain any form of substantially gainful employment due solely to the effects of his service-connected disabilities, including PTSD and a neck disability. The Board finds that TDIU is granted for the period before May 10, 2010.