Neck / cervical spine decisions — 2014

The Veteran's appeal is being remanded due to incomplete development and the need for additional medical opinions regarding his hypertension claim. The issues of service connection for cervical spine disability, lumbar spine disability, and reopening of a previously denied claim are also pending.

The Board has remanded the Veteran's claims due to insufficient evidence regarding his cervical spine and knee disorders, including a lack of definitive service connection. The case will be returned for further development.

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment, warranting a TDIU.

The Veteran's appeals for service connection and higher ratings have been withdrawn. The Board has granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has restored a 30 percent disability rating for the Veteran's degenerative disc and joint disease of the cervical spine, effective June 25, 2009. The claim for an increased rating is granted.

The Veteran's sleep apnea is found to be secondary to his service-connected nasal trauma. The Board also finds that the Veteran meets the criteria for a TDIU based on his service-connected disabilities.

The Veteran's cervical spine disability has not met the criteria for a rating in excess of 10 percent from December 28, 2011, to August 13, 2012, and since December 1, 2012.

The Board found that the Veteran's cervical spine condition is not service-connected, as there is no evidence of a nexus between his current disability and his active duty service or any service-connected conditions.

The Veteran's bilateral shoulder disability is manifested by pain, limitation of motion, tenderness, and objective evidence of arthritis. The Board finds that the current 20 percent rating adequately reflects the severity of his service-connected bilateral shoulder disability.

The Board has remanded the claims for additional development due to concerns about the relationship between the Veteran's current cervical and lumbar spine disorders and in-service physical abuse.

The Veteran's service-connected degenerative changes of the lumbar spine and cervical spine have not been shown to warrant a higher initial rating.

The Veteran's acquired psychiatric disorder, including depression and PTSD, is found to be secondary to his service-connected low back disability. His cervical spine disability, degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy are all rated at 20% each.

The Board has determined that the Veteran's claimed disabilities are not related to service or his service-connected lumbar spine disability, and thus service connection is denied.

The Veteran's initial evaluation for his right shoulder disability was increased to 40 percent, the highest available under the rating code for limitation of motion. The Veteran experiences daily flare-ups that prevent him from using his arm.

The Board has remanded the case for further development due to deficiencies in previous medical opinions and lack of clarification on whether service connection is warranted on a direct basis or secondary to a service-connected condition.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of recent evidence. The issues are whether he should receive higher initial ratings for his cervical spine and right ankle disabilities.

The Board has determined that additional development is needed to determine the Veteran's periods of active duty, ACDUTRA and INACDUTRA service. The Veteran's claims for psychiatric, thoracolumbar spine, cervical spine, bilateral shoulder, headache and respiratory disorders are remanded for further examination and opinion.

The Board finds that the Veteran's current right knee osteoarthritis, hypertension, cervical and lumbar spine arthritis, degenerative disc disease, and stenosis are related to service exposure to herbicides. The claims for service connection are granted.

The Board denied the Veteran's claims for service connection for DJD of the lumbar, thoracic, and cervical spine. The Board found that there was no evidence to support a finding that these conditions were incurred in or aggravated by service.

The Board denied the Veteran's claims for higher ratings for his service-connected cervical and lumbar spine disabilities, finding that they did not meet the criteria for a rating in excess of 10 percent.