Neck / cervical spine decisions — 2014

The Board denied service connection for a gastrointestinal disorder, including as due to undiagnosed illness. The Veteran's current diagnosed conditions are not considered chronic qualifying disabilities related to underlying symptoms resulting from an undiagnosed illness.,The Board also denied service connection for the cervical spine disability. The Veteran's current cervical spine disability is unrelated to any injury, disease or event in service.

The Board has denied the Veteran's claims of entitlement to service connection for a back disability, cervical spine (neck) disability, bilateral shoulder disabilities, and left ankle disability. The evidence does not support a finding that these conditions are related to military service.

The VA examiner found that the Veteran's current cervical arthritis is related to a motor vehicle accident during military service, and thus established service connection for this condition.

The Veteran's claims for increased evaluations of her lumbar strain, cervical spine strain, and migraine headaches were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's cervical degenerative disc protrusions at the C4-C5 and C6-C7 levels were rated as 10 percent prior to December 6, 2012, and 20 percent thereafter. The Veteran's migraine headaches were initially rated as noncompensable before November 1, 2013, and then increased to 10 percent.,The Veteran's cervical degenerative disc protrusions at the C4-C5 and C6-C7 levels did not meet the criteria for a higher rating prior to December 6, 2012. From December 6, 2012 onwards, they were rated as 20 percent.

The Veteran's service-connected disabilities did not render him unemployable prior to October 10, 2007. The combined evaluation of his disabilities was 50 percent from September 20, 2001 to October 10, 2007.

The Veteran's appeals have been dismissed as the appellant has withdrawn all issues on appeal.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for a back disability or cervical spine degenerative disc disease.,As such, both claims remain denied.

The Veteran's appeal is being remanded for additional development, including verification of periods of active duty for training (ADT) and inactive duty for training (IADT), obtaining updated VA treatment records, and providing the Veteran with a VA examination to determine the nature and etiology of his claimed cervical conditions, skin rash, and radiculopathy.

The Veteran's appeal has been dismissed due to his death. The issues of service connection for various conditions have become moot.

The Board has determined that additional development is needed to obtain relevant workers compensation and Social Security Administration records, as well as a supplemental VA medical opinion. The Veteran's service connection claims for right shoulder DJD, right elbow disability, and cervical spine degenerative disc disease will be remanded for further action.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to a motor vehicle accident he was involved in during ACDUTRA, leading to service connection for these conditions.

The Veteran's service connection claim for ischemic heart disease, status post coronary artery bypass graft is granted with an initial rating of 30 percent effective November 30, 2011. The other issues are not addressed as the appeal was not about service connection.

The Board has determined that the Veteran's claimed disabilities, including low back and bilateral hip conditions, were not incurred or aggravated during his active military service. The evidence does not establish a nexus between these conditions and any in-service injury or event.

The Veteran's unauthorized medical expenses for treatment at Yuma Regional Medical Center on October 6, 2011 are approved as the treatment was necessary due to his service-connected PTSD and the severity of his symptoms.

The Board has found that the Veteran's cervical spine disability is not due to or the result of any incident of service. The issue of entitlement to service connection for a lumbar spine disorder remains pending and requires further examination.

The Veteran's service-connected right shoulder disability is currently rated as 30 percent disabling, effective May 24, 2011. The claim for an increased rating has been granted.,For the period prior to September 4, 2013, the Veteran's service-connected residuals of a traumatic dislocation of the right shoulder with loss of motion is rated as 30 percent disabling. For the period on and after September 4, 2013, the rating has been increased to 40 percent.

The Board has determined that the Veteran's preexisting cervical spine disorder was aggravated by his period of active duty for training (ACDUTRA) from November 16, 1971 to February 19, 1972. As a result, service connection is granted.

The Board has denied the Veteran's claims to reopen his service connection claim for a cervical spine disability and his TDIU claim due to the lack of new and material evidence, as well as the absence of any service-connected disabilities.

The Veteran's appeal is being remanded for further development to determine the etiology of his sleep disorder, cervical spine disability, and lumbar spine disability.