Neck / cervical spine decisions — 2014

The Veteran's bilateral pes planus is rated at the maximum schedular rating of 50 percent, and his cervical spine disability has been granted a 20 percent rating since April 24, 2007.

The Board has remanded the case for additional development to address service connection claims for memory loss, fatigue, and cervical spine disability.

The Veteran's LUE radiculopathy has been rated at 30 percent since May 1, 2008. The Board found that the evidence did not support a higher rating due to incomplete paralysis of all radicular groups.

The Board denied the Veteran's claims for increased ratings for his service-connected cervical spondylosis and two level osteophyte encroachment of neural foramina, finding that the evidence did not warrant a higher rating at any point during the appeal period.

The Veteran's cause of death, respiratory arrest due to hepatorenal failure, was found to be caused by his service-connected chronic active hepatitis B. As this condition is considered new and material evidence related to the Veteran's service, it has been granted as a basis for service connection.

The Veteran's cervical spine disorder claim is being remanded for additional development, including a new VA examination to determine the nature and etiology of any diagnosed condition.

The Board has granted service connection for acromioclavicular joint arthropathy of the right shoulder and mid-cervical facet arthropathy with foraminal stenosis at the third to fourth cervical vertebra level on the right, both related to in-service injuries. Bilateral hearing loss and tinnitus are not currently addressed as they were remanded.

The Board has determined that the Veteran's current diagnosed back disorder is at least as likely as not related to her military service, and thus service connection for a back disorder is granted.

The Veteran withdrew his appeal for the issues of entitlement to service connection for a right knee disability and bilateral hearing loss disability, as well as an increased rating for migraine headaches. The Board dismissed these issues due to withdrawal.

The Board has remanded the claims for service connection for a psychiatric disorder other than PTSD, neck disability, and bilateral elbow disability due to incomplete development. The TDIU claim is also being remanded.

The Veteran's appeal is being remanded for additional development, including scheduling a Social and Industrial Survey and obtaining updated VA treatment records. The case will be readjudicated after these actions.

The Veteran's appeal was denied for increased ratings for his cervical spine, left knee, and left hip conditions. The Board found that the symptoms did not warrant higher ratings under the applicable diagnostic codes.

The Veteran's cervical spine disability is found to be secondary to his service-connected lumbar spine disability, and he is granted service connection for this condition. The issue of restoring the Veteran's 60% rating for his lumbar spine disability remains pending.

The Veteran's cervical spine disability is rated at 40 percent for unfavorable ankylosis of the entire cervical spine, effective from December 3, 2009.

The Veteran's service-connected right and left knee patellofemoral syndrome are currently rated at 10 percent each, effective January 1, 2009. His cervical spondylosis is also rated at 20 percent, effective the same date. The Board finds that these ratings adequately reflect the severity of his conditions.

The Veteran's service-connected disabilities have effectively resulted in the loss of use of his feet, and he is granted special monthly compensation based on this. He is also granted assistance for an automobile and adaptive equipment.

The Board found that the Veteran's cervical spine and right shoulder conditions were not caused by or aggravated by his July 4, 1996 fall at the VA facility.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for bilateral carpal tunnel syndrome and cervical spine arthritis, including obtaining medical records from Dr. Geoffrey Seidel and Dr. Michael Kapsokavathis.

Your appeal is being remanded to the AOJ for scheduling a videoconference or Travel Board hearing at your local RO. The case will be processed accordingly.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a spine examination to assess his cervical and lumbar spondylosis. An addendum opinion on service connection for an acquired psychiatric disorder, to include PTSD, will also be obtained.