Neck / cervical spine decisions — 2014

The Veteran's service-connected cervical spine disability does not manifest any separately ratable neurological manifestations, including upper extremity radiculopathy. Therefore, a separate compensable rating for this condition is denied.

The Board found that the Veteran's cervical radiculopathy and hypertension were not incurred or aggravated by service, nor are they related to his service-connected diabetes. Therefore, service connection for these conditions is denied.

The Veteran's claims for service connection for various disabilities, including TBI and headaches, were denied as the evidence did not support a nexus to service.

The Veteran's TDIU claim is being remanded for further review by the Director of Compensation and Pension Service due to his service-connected disabilities, including cervical disc disease with history of myositis and pharyngo-tonsillitis. The combined rating does not meet the percentage standards provided in 38 C.F.R. § 4.16(a), but a TDIU on an extraschedular basis is being considered.

The Veteran's compensation benefits were terminated due to his fugitive felon status, but the Board found that this termination was solely due to administrative error and thus not properly created.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including obtaining medical records and arranging for examinations.

The Veteran's claims for increased ratings were denied. The RO granted the claim to assign a rating of 40 percent for status post back injury with lumbar strain and degenerative disc disease, effective May 23, 2008.

The Veteran's neck disability, characterized by limited motion and pain, has been rated at 20 percent since the period on appeal. This rating is appropriate given his range of motion limitations.

The Board has determined that there is no competent evidence showing a current disability related to service, and the Veteran's claims for service connection are denied.

The Board has remanded the Veteran's claim for entitlement to service connection for a neck disability, including as secondary to his service-connected thoracolumbar spine disability. The case is now pending further development and review.

The Veteran's claims for service connection for his claimed left knee, left shoulder, and cervical conditions are being remanded due to the need for additional development of medical records and an opinion regarding the etiology of these conditions.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, thus granting TDIU.

The Board has remanded the case due to a lack of hearing for one of the issues, and no rating assigned or effective date provided.

The Board has denied all service connection claims as the Veteran does not have any diagnosed disabilities for which he can be granted service connection.

The Veteran's appeal is being remanded for additional development, including scheduling a Board Videoconference hearing.

The Veteran's appeal is denied as he is already receiving the maximum schedular disability rating for his tinnitus and does not meet the criteria for an increased evaluation or service connection for any of the other conditions.

The Board has determined that additional development is needed to obtain outstanding private treatment records and provide the Veteran with VA examinations. The appeal will be remanded for these actions.

The Veteran's claims for service connection and increased ratings for his neck and back disabilities have been denied.,No effective date has been assigned for any of the benefits sought.

The Board has granted service connection for asthma and denied service connection for tinnitus and cervical spine disability. The Veteran's asthma is found to have had its inception during service, while her tinnitus and cervical spine disability are not shown to be related to service.

The Veteran's claim for a separate compensable rating for headaches associated with his service-connected cervical spine disability was denied as the evidence did not support an association between the two.,The Veteran's claim for a total rating based on individual unemployability due to a single service-connected disability was also denied, as there is no single service-connected disability that renders him unemployable.