Neck / cervical spine decisions — 2014

The Board denied the Veteran's claims for an increased rating for status-post fusion of C5-C6 and bilateral upper extremity radiculopathy on a schedular basis, but granted extra-schedular evaluations for these conditions upon termination of the total convalescent rating effective from February 7, 2014.

The Veteran's claims for increased ratings for his left shoulder, left ulnar nerve, and cervical spine disabilities were denied. The initial rating for the left rotator cuff tendonitis was denied as it did not meet the criteria for a higher rating. For the period prior to June 14, 2010, the Veteran's left ulnar neuropathy was also denied as it did not meet the criteria for a higher rating. As of June 14, 2010, the middle radicular group (left ulnar neuropathy and cervical radiculopathy) was granted an initial rating of 20 percent. The Veteran's osteoarthritis of the cervical spine was denied as it did not meet the criteria for a higher rating.

The Board has granted service connection for low back, cervical spine, left knee and right knee disabilities based on the Veteran's credible assertions of in-service injuries and subsequent development of these conditions.

The Veteran's cervical spine disability is rated at 20 percent, and his right and left upper extremity radiculopathy are each rated at 10 percent. The appeal for higher ratings remains pending.

The Board has determined that there is no evidence to support a finding of service connection for DDD of the cervical spine, as it is not related to service or caused by the Veteran's service-connected lumbar spine disability.

The Board has denied the Veteran's claims for cervical spine and lumbar spine disabilities on a secondary basis to his service-connected right shoulder disability. The VA examiners found no nexus between these conditions and the right shoulder.,The Board also denied the Veteran's claims for bilateral radiculopathy and neuropathy of the upper extremities on a secondary basis to his service-connected right shoulder disability.

The Veteran's cervical and thoracic spine disorders are found to be related to her military service, with the cervical disorder being incurred in the line of duty. Service connection is granted for these conditions. The rating for chronic low back strain remains unchanged.

The Veteran's appeal for service connection for a disability of the cervical spine and left shoulder has been dismissed as moot due to the grant of service connection in a February 2014 rating decision.

The Board has determined that there is no evidence of current cervical radiculopathy and the Veteran's claims for service connection are denied.

The Board has found that the Veteran's current neck disability is not etiologically related to his active service and denied his claim for service connection. The claims for back, left knee, and right knee disabilities are remanded due to incomplete medical opinions.

The Board has remanded the claims for additional development due to inadequate opinions in a previous VA examination.

The Board has reopened the Veteran's claim for service connection for low back pain. However, the claim for service connection for neck disability remains denied as there is no credible evidence linking the current condition to military service.

The Board has determined that the Veteran's current diagnoses of acquired psychiatric disorder, shoulder disability, neck disability, low back disability, and tinnitus do not meet the criteria for service connection based on direct evidence. The Veteran did not have any relevant symptoms or diagnoses during service, and there is no competent medical opinion linking his current conditions to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient records and scheduling a VA examination to determine the nature of his current neck and back disabilities and their relationship to service.

The Board has determined that the Veteran's cervical spine disorder is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case due to new evidence submitted by the Veteran, which includes a letter from the Department of the Army verifying his involvement in a helicopter crash during active service. The VA examiner's opinion is inadequate as it relied on an inaccurate factual predicate.

The Veteran's appeal is remanded to determine if his service-connected disabilities, including lumbar spine and cervical spine conditions, diabetes mellitus, and compression fracture of T-7, preclude him from securing or following a substantially gainful occupation. The claim will also be considered for extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Board has determined that the Veteran's current neck disability, diagnosed as cervical strain with cervical stenosis and degenerative joint disease, is etiologically related to an injury incurred during his active service. Therefore, the claim for service connection for a neck disability is granted.

The Board has determined that the Veteran's cervical degenerative arthritis with stenosis is a direct result of service, and thus grants service connection.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for neck, right hand, left hand, right hip, left hip, and left foot disabilities. However, the Veteran was granted service connection for a low back disability in April 2014.,The VA examiner opined that it is at least as likely as not that any current neck, right hand, left hand, right hip, left hip, and left foot disabilities are related to and/or had their onset during the Veteran's periods of service.