Neck / cervical spine decisions — 2014

The Veteran's service-connected cervical spine disability does not result in favorable ankylosis of the cervical spine or the entire spine, and there are no incapacitating episodes. The current rating of 30 percent is therefore appropriate.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, effective May 4, 2008.

The Veteran's cervical strain and low back strain have been rated as 20 percent and 10 percent, respectively. The reduction from 20 to 10 percent was improper.,The Veteran's low back strain has not met the criteria for a higher rating under either the General Formula or IVDS Formula at any point during the period on appeal.

The Veteran's appeal for a higher rating for her lumbar spine disability is granted, effective from January 1, 2014. Her right knee patellofemoral pain syndrome and varicose veins are rated as appropriate. The left knee claim to reopen and the lower extremity varicose veins effective date claim are referred back to the AOJ for further action.

The Veteran's claim for increased ratings for her service-connected cervical spine disability was denied. The current rating of 20 percent from July 1, 2009 through June 29, 2011 and 30 percent since June 29, 2011 is not higher than what the evidence supports.,The Veteran's claim for service connection for a right ankle disability was denied. The evidence did not establish that she had a current right ankle disability.

The Board has determined that the Veteran's cause of death, intracerebral hemorrhage due to hypertension, was related to his service-connected disabilities and grants service connection for the cause of death.

The Board has determined that the Veteran's current cervical spine arthritis and pain (neck disability) is service-connected as it meets the criteria for service connection based on continuity of symptomatology since service.

The Veteran's appeal is being remanded to the AOJ for development of his pending increased rating claims and readjudication after any necessary development has been completed. The TDIU claim will be considered in conjunction with these new developments.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a video conference hearing.

The Veteran's appeal was denied for a disability rating in excess of 10 percent for his lumbar spine spondylolisthesis and service connection for cervical spondylosis, with no new evidence provided to reopen the claim.

The Veteran's low back strain was incurred in service, and the Board has granted service connection for this condition. The cervical spine disability issue is being remanded due to a lack of National Guard records.

The Veteran's claims for increased ratings for his lumbar and cervical spine disabilities were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point during the appeal period.

The Board found that the Veteran's cervical and lumbar spine disorders are not proximately due to or a result of any service-connected disability, including his bilateral pes planus.

The Board found no evidence of chronic residuals of a fall manifesting in service and concluded that the Veteran's current conditions are not related to her in-service fall. Service connection for residuals of a fall is denied.

The Board denied the Veteran's claims for higher ratings for his cervical and lumbar spine disorders, as well as his claim for a total disability rating based on individual unemployability (TDIU). The appeals were all denied.

The Veteran's cervical spine degenerative disc disease is not productive of forward flexion less than 15 degrees, or combined range of motion less than 170 degrees, and no incapacitating episodes. ,Prior to April 21, 2014, the Veteran's thoracic spine disability was not productive of forward flexion of the thoracolumbar spine to 30 degrees or less, with favorable ankylosis of the entire thoracolumbar spine, or any incapacitating episodes.

The Board has granted service connection for a neck disability and a back disability, but denied service connection for right ear hearing loss.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining outstanding VA treatment records and scheduling him for examinations to assess the severity of his service-connected disabilities.

The Board has determined that the appellant's current cervical spine arthritis, lumbar spine arthritis and left hip arthritis are likely related to his ACDUTRA service. The claim for service connection is granted.

The Veteran's cervical strain with radiculopathy is currently rated at 30 percent, and the evidence does not support a higher rating as there are no findings of unfavorable ankylosis or incapacitating episodes.