Neck / cervical spine decisions — 2014

The Board has determined that the Veteran does not have a current cervical spine or left foot disability for VA compensation purposes and therefore, service connection cannot be granted.

The Veteran's cervical spine disability is rated at 20 percent, but his bilateral hearing loss and service connection for inguinal hernia are not granted.

The Veteran's lumbar strain was initially rated as 20 percent disabling prior to December 2, 2009, and increased to 40 percent disabling thereafter.,For the cervical spine disability, the Veteran has been granted a 20 percent rating since March 8, 2000.

The Veteran's cervical spine disability was rated at 20 percent prior to January 5, 2012 and increased to 20 percent as of that date. The current rating is not higher than what is warranted based on the evidence.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran withdrew his appeals of the claims for service connection for cervical spine degenerative disc disease, thoracic spine degenerative disc disease, a left hip condition, and a right hip condition. The claim of service connection for a left inguinal hernia and Crohn's disease is granted.

The Board has reopened the claims for service connection of cervical spine, lumbar spine, left hip, and both knees. The Veteran's current disabilities are found to be related to his active duty as a Navy Seal.

The Board has granted an earlier effective date of August 27, 2008 for the grant of service connection for chronic musculoligamentous strain of the cervical spine in association with minimal degenerative discogenic changes at C6-7. The effective date is based on the Veteran's original claim for a left shoulder disability which was received within one year after discharge from service.

The Board found that the Veteran's claimed disabilities, including bilateral ankle disorder, low back disorder, leg numbness, and cervical spine disorder, were not related to his active service. The evidence did not establish a nexus between these conditions and his military service.

The Board found no credible evidence linking the Veteran's current cervical spine and left shoulder disorders to his service, including a jeep accident in 1962. The VA examiners concluded that any current conditions are less likely than not related to service.

The Veteran's claim for an initial rating higher than 30 percent for cervical musculotendinous strain was denied. The claim for a compensable rating for residuals of fractures of the mandible before April 12, 2013, and 10 percent thereafter after that date remains pending.

The Board denied service connection for neck, deviated nasal septum, and sinus disabilities due to lack of evidence linking these conditions to service or any other presumptive exposure basis.

The Veteran's cervical spine disability is currently rated at 10 percent, and the Board found that it does not meet criteria for a higher rating.

The Board found that the Veteran's residuals of left brachial plexus injury do not meet the criteria for a higher rating than 20 percent, as his symptoms are compensated by separate ratings for other service-connected conditions.

The Veteran's cause of death was not due to his service-connected disabilities, and the medications he was prescribed did not contribute to his death.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and scheduling new VA examinations.

The Board has remanded the case for additional development due to issues related to service connection and rating of the Veteran's cervical spine, left shoulder, and thoracolumbar spine disabilities.

The Veteran's cervical spine disorder is currently rated at 10 percent, and left upper extremity radiculopathy is separately evaluated as 20 percent. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's cervical spine disorder is being remanded for additional development, including obtaining service treatment records and providing a VA examination.

The Board found that the Veteran's lumbar and cervical spine disabilities were not incurred or aggravated during service, and thus denied his claims for service connection.