Neck / cervical spine decisions — 2014

The Veteran is seeking service connection for a cervical spine disorder, including cervical strain and degenerative disc disease of the cervical spine. The Board has determined that additional development is needed to determine if her current condition is related to her active duty service.

The Veteran's appeal for increased ratings and TDIU was denied. The left knee disability is currently rated as 10 percent disabling, while the cervical spine disability with radiculopathy is also rated at 10 percent.

The Veteran's cervical spine disability has been manifested by pain and limitation of flexion, but with flexion greater than 15 degrees. The Board finds that the current rating of 20 percent is appropriate as it reflects the Veteran's symptoms without requiring bed rest or treatment for incapacitating episodes.

The Veteran's cervical spine spondylosis is currently rated at 20 percent, effective August 3, 2010. The VA examiner found that the Veteran has forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees, which meets the criteria for a 20 percent rating under Diagnostic Code 5299-5239.

The Veteran's current hearing loss, tinnitus, cervical degenerative disc disease with disc herniation, headaches, and bilateral shoulder condition are not considered to be related to his active service.

The Veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional development, including an examination of his disabilities and consideration under extra-schedular criteria.

The Veteran's appeal is being remanded for a more current VA examination and to obtain additional medical records. The Veteran seeks an increased evaluation for her service-connected cervical sprain.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a low back disability. The cervical spine disability is not related to active service, nor is it secondary to a service-connected disability. Carpal tunnel syndrome was also not incurred in or aggravated by active service, nor is it secondary to a service-connected disability.

The Board has granted service connection for a low back disability and a cervical spine disability, finding that the Veteran's current disabilities are causally related to his active service.

The Veteran's claims for increased ratings for his service-connected cervical and lumbosacral spine DDD were denied as the evidence did not meet the criteria for a higher rating.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not related to service, including his in-service injuries. The evidence does not support a finding of service connection for these conditions.

The Veteran's service-connected disabilities, when considered alone and in combination with his non-service connected conditions, do not preclude him from securing or following a substantially gainful occupation.

The Board found that the Veteran's cervical spine disability was not incurred or aggravated in active service and is not proximately due to or aggravated by his service-connected lumbar spine disability.

The Board is reopening the claims for service connection for low back and right knee disabilities, but remanding them to the Agency of Original Jurisdiction (AOJ) for further development. The Veteran's left knee disability, cervical spine, lumbar spine, and right knee disabilities are being examined again due to new evidence.

The Board has remanded the case due to missing service treatment records and will seek additional information from the appropriate custodians.

The Board has determined that the Veteran's cervical spine disability is related to service, but his claims for headaches and dizziness are remanded as he did not provide sufficient evidence of a direct relationship between these conditions and service.

The Board has determined that additional development is needed to properly evaluate the Veteran's PTSD and cervical spine conditions, including obtaining updated VA treatment records and scheduling appropriate examinations. The case will be returned for further action.

The Board has reopened the claim of service connection for a left shoulder disorder and by inference also considered the cervical spine. New evidence was received since January 2003, which relates to an unestablished fact necessary to substantiate the claim.

The Veteran's claim for service connection for generalized arthritis and increased rating for lumbar degenerative joint and disc disease was denied. The Board found that there is no current diagnosis of generalized arthritis, and the cervical spondylosis did not have its onset during active military service or otherwise relate to active military service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for cervical spine and left shoulder disorders, as secondary to his service-connected right humerus fracture residuals. The case will be remanded for further action.