Neck / cervical spine decisions — 2014

The Veteran's left ankle strain is currently rated as 10 percent disabling. The Board has found that the disability picture nearly resembles marked limitation of motion, warranting a higher rating.,Service connection for right ankle disorder, hemorrhoids, low back disorder, cervical spine disorder, sinusitis and allergic rhinitis, and migraines are remanded to the AOJ.

The Veteran's cervical spine disability is currently rated at 30 percent, and the Board finds no evidence of ankylosis or incapacitating episodes. The claim for increased rating for cervical spine disability has been denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to address the nature and etiology of his claimed disabilities, and readjudicating the claims.

The Board found no evidence of a chronic cervical spine disability in service or within one year post-service, and the preponderance of the evidence does not support a finding that it is related to military service.

The Veteran's initial rating for his degenerative disc disease of the cervical spine remains at 10 percent, as his range of motion and symptoms do not meet the criteria for a higher rating.

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the Veteran for an examination to assess his cervical spine disability and peripheral neuropathy. The propriety of reducing his prostate cancer rating from 100% to 20% will also be addressed.

The Board has determined that further development is needed, including additional examinations and opinions, to properly adjudicate the Veteran's claims for an increased evaluation for anxiety disorder and TDIU.

The Board has remanded the case due to incomplete service records and a need for further examination regarding National Guard service.

The Veteran's claims of PTSD, back disability, and neck disability were denied. The effective date for the grant of service connection for PTSD was set at April 10, 2006. The claim to reopen for a back disability was also denied.

The Veteran's neck disability is not considered to be caused by VA care, treatment or examination. The Board finds that the additional disability was due to his pre-existing cervical spine degenerative disease.

The Board has determined that a new medical opinion is needed to address whether the Veteran's cervical spine disorder was chronically aggravated by his service-connected impingement syndrome of the right shoulder.

The Board has remanded the case for additional development due to incomplete records and potential need for further examination or medical opinions.

The Board has determined that the Veteran does not have a neurological disorder of the right upper extremity other than cervical radiculopathy, which is related to his service-connected cervical spine disability. The claim for a neurological disorder of the right upper extremity was denied.

The Veteran's service-connected disabilities, including cervical spine and hand conditions, prevent him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for increased ratings and service connection due to outstanding treatment records, need for new examinations during a flare-up period, and other procedural issues.

The Veteran's cervical spine disability was previously rated as 10 percent prior to February 6, 2013. From that date, the rating has been increased to 20 percent.

The Veteran's left lower extremity radiculopathy is proximately due to, or caused by his service-connected lumbosacral strain. The Board finds that the Veteran's cervical spine disability may be related to his service-connected lumbosacral strain.

The Board has determined that the Veteran's current disabilities, including arthritis of multiple joints (including cervical spine, left and right shoulders, and left and right hands), are not related to his active service or any in-service injury. The claim for service connection is denied.

The Board found that new and material evidence was received to reopen the claims for lumbar and cervical spine disorders, but denied service connection for these conditions as they were not incurred in or aggravated by active duty service.