Neck / cervical spine decisions — 2014

The Veteran's lumbar spine disability is rated at 40 percent since July 12, 2013. The Board found that a higher rating was not warranted prior to January 20, 2011, and denied the claim for an increased rating.

The Veteran's claims for service connection and TDIU were granted, resulting in additional compensation benefits. The appellant is seeking attorney fees based on these grants but has not filed a notice of disagreement (NOD) as required by the regulations.

The Board denied the Veteran's claim for an earlier effective date of December 3, 2004 for his TDIU due to CUE in a May 2011 rating decision. The Veteran did not meet the criteria for TDIU prior to December 3, 2004.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected cervical spine arthritis and upper extremity radiculopathy.

The Veteran's degenerative joint disease of the cervical spine has not met the criteria for a higher disability rating, as it does not result in forward flexion of the cervical spine to 15 degrees or less.

The Veteran's claim for service connection for bilateral foot disorders is being remanded due to the introduction of a new issue (obesity) and inextricability with the existing issues. The AOJ should adjudicate both claims before making a final determination.

The Veteran's claims were denied, with the exception of his claim for a total disability rating based on individual unemployability (TDIU). The remaining claims were either not granted or are pending further review.

The Veteran's claims for service connection for right and left knee disabilities, cervical spine disability (claimed as neck disability), and lumbar spine disability were denied. The Board found that the claimed conditions are not related to service.

The Veteran's claims for service connection are being remanded due to incomplete records and need for further medical examination.

The Board found that the Veteran's current back and neck disabilities are not etiologically related to his active duty, as there is no direct evidence of such. The claims were denied.

The Veteran's service-connected disabilities, including bursitis of the left shoulder, cervical spine arthritis (rated at 10% prior to September 14, 2004, and at 20% therefrom), tinnitus, post-traumatic stress disorder, and bilateral hearing loss, do not render him unemployable.

The Board has determined that the Veteran does not have a bilateral knee or cervical spine disability incurred in or aggravated by service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's low back and cervical spine disabilities were not incurred or aggravated during active service, nor may arthritis of these areas be presumed to have been so incurred.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, providing the Veteran with a new VA examination to determine if current disabilities are related to service, and ensuring all evidence is considered in the decision.

The Board denied the Veteran's claim for service connection for a back disorder, including cervical and lumbar degenerative disc disease. The appeal is now remanded to the RO for further development.

The Board found that the Veteran does not have a current disability for any of his claimed conditions and thus denied service connection for neck/cervical spine disorder, low back disorder, and COPD.

The Veteran's cervical strain is rated at 30 percent since September 11, 2013. Service connection for bruxism and erectile dysfunction (secondary to PTSD) has been granted. An effective date of March 13, 2012, but no earlier, is assigned for the increased rating of lumbar spine DJD.

The Veteran's claims for service connection of his left shoulder injury and cervical strain were denied. His claim for a compensable rating for the residuals of his left hand laceration, including consequent scar, was granted with an initial noncompensable (0 percent) rating retroactively effective from August 19, 2004.

The Veteran is found to be unemployable due to service-connected disabilities for the period from July 15, 2008 to December 17, 2008.