Neck / cervical spine decisions — 2014

The Veteran's claims for service connection were granted, and he was assigned a disability rating of 10 percent for his cervical spine disability. His claim for an increased disability rating for prostatitis prior to July 1, 2013, and greater than 40 percent from that date, was also granted.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining VA treatment records and clarifying opinions on the nexus of his claimed disabilities with service.

The Veteran's cervical spine disability and bilateral upper extremity radiculopathy are being remanded for further development to determine the nature and etiology of these conditions, specifically whether they were caused or permanently aggravated by his service-connected right knee disability.

The Veteran's service-connected disabilities, including migraines, bronchial asthma, lumbosacral strain, left arm radiculopathy associated with cervical strain, right shoulder acromioclavicular degenerative joint disease, residuals of a right wrist injury with fibrositis, left ankle injury, tinnitus, sinusitis, left knee injury, and cervical strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the Veteran's claim for TDIU.

The Veteran's claim for service connection for polysubstance abuse as secondary to his service-connected thoracic scoliosis and/or cervical spine degenerative disc disease was denied. The reduction of the ratings for bilateral lower extremity disabilities from 20 percent to 10 percent effective September 1, 2014 is upheld.

The Board has determined that the Veteran's claimed disabilities, including low back, neck, right shoulder, and right foot disabilities, were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Board has determined that additional development is needed to obtain missing service medical records, worker's compensation records, and deck logs related to the Veteran's claimed lumbar spine and cervical spine disorders. The case will be remanded for these actions.

The Board has remanded the case due to inadequate examination and review of the claims file, particularly regarding cervical radiculopathy. The Veteran's claim for service connection for joint pains in his arms and hands is being returned for further development.

The Board denied the Veteran's claims for service connection for hypertension, residuals of cervical dysplasia, and chronic urinary tract infections (UTIs), as well as a rating in excess of 10 percent for a painful scar of a donor site, status post-left nephrectomy. The Board found that there was no evidence of a link between the Veteran's current conditions and her service.

The Board found that the Veteran's current cervical and thoracic spine disabilities are not related to his military service or any service-connected disability. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's headaches, which are rated as a cervical strain disability, have been found to be severe enough to warrant a 30% rating since November 29, 2009. Prior to this date, the Veteran did not meet criteria for any higher rating.

The Veteran's appeal is being remanded for further action, including scheduling a hearing before the Board at the RO in Muskogee, Oklahoma.

The Board has remanded the case for additional development, including obtaining relevant medical records and arranging for a VA examination to determine if any diagnosed disabilities are related to service.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, including articulation disorder (hip), fatigue and low energy, hyperlipidemia, IBS, or diverticulitis. Therefore, his claims are denied.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining SSA records and scheduling a VA examination. The Veteran seeks an increased rating for his service-connected cervical spine disability.

The Veteran's lumbar and cervical spine disabilities have been rated at 20 percent since May 1, 1996. The Board has determined that the current ratings are appropriate based on the evidence of record.

The Veteran's claims for increased ratings of his PTSD and cervical spine disabilities are being remanded due to the need for additional VA examinations, as well as the retrieval of relevant medical records.

The Veteran's degenerative disc disease of the cervical spine is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability level and symptomatology.

The Board has determined that the Veteran's lumbar and cervical spine disabilities, as well as his bilateral leg disability (sciatica), are not related to service. The claims for these conditions have been denied.

The Board denied the Veteran's claims of service connection for lumbar, thoracic, and cervical spine disorders due to a lack of credible evidence showing an in-service injury or event that led to these conditions.