Neck / cervical spine decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining VA medical opinions and scheduling the Veteran for appropriate examinations to assess his cervical spine and bilateral knee disabilities, as well as the severity of his service-connected lumbosacral strain with DJD.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, arranging for a VA examination to determine the severity of the Veteran's cervical spine disability and forehead scar, and obtaining an addendum opinion from the April 2012 VA audiological examiner regarding the nature and etiology of his bilateral hearing loss and tinnitus.

The Veteran has withdrawn all issues currently under appeal.

The Board found that the Veteran's current cervical spine disability is not related to his military service and denied his claim for service connection.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling appropriate VA examinations to determine the nature and etiology of any diagnosed bilateral hip, cervical spine, and lumbar spine disabilities.

The Veteran's appeal is being remanded for further development, including obtaining an addendum opinion from the VA examiner and requesting additional medical records.

The Board found that the Veteran's current back and neck disabilities are not related to his military service, as there is no evidence of a chronic disability in service or within one year after separation. The intervening injuries post-service also suggest that any pre-existing conditions did not persist.

The Board has remanded the case due to the need for additional development of evidence, including obtaining updated treatment records and conducting further examinations. The Veteran's claims for service connection for wrist and neck disabilities are being reviewed.

The Board has granted service connection for residuals of a left leg stress fracture and a cervical spine disability. The acquired psychiatric disorder claim is pending as the Veteran recently raised this issue, but no specific diagnosis or etiology was provided in the decision.

The Board denied the Veteran's claims for SMC based on need for aid and attendance/housebound, earlier effective date for SMC based on need for aid and attendance, increased ratings for peripheral neuropathy of the upper and lower extremities. The RO acknowledged the Veteran's report of needing help with dressing, bathing, and buttoning clothes.

The Veteran's claim for service connection for cervical spondylosis at C5-C6, herniated nucleus pulposus C3-C4, and right C6-C7 radiculopathy was granted. The claims for bilateral radiculopathy of the lower and upper extremities (excluding right C6-C7), and a low back disability remain denied.

The Veteran's service-connected disabilities, including diabetes mellitus and orthopedic conditions, are found to be in equipoise with his ability to secure and follow substantially gainful employment. Therefore, the criteria for a total disability rating based on individual unemployability due to service-connected disabilities have been met.

The Veteran's soft tissue sarcoma left cervical region is rated at 30 percent since April 28, 2010.

The Board has determined that there is no evidence of a chronic low back or cervical spine disorder present during service, and the Veteran's current disabilities are not related to her active military service. The Veteran's hearing loss claim cannot be presumed as it did not manifest within one year after service discharge.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to service, and therefore denied service connection for these conditions.

The Board has remanded the case due to incomplete records and further development is needed before a decision can be made on the service connection claims for cervical spine, lumbar spine, and right knee disabilities.

The Board has granted service connection for right ear hearing loss and Meniere's disease (claimed as vertigo/loss of balance). The Veteran's other claims, including diabetes mellitus, hypertension, an acquired psychiatric disorder, a back disorder, and residuals of a ruptured appendix, are pending further development or remand.

The Veteran is seeking service connection for cervical spine disability and headaches, which he attributes to an in-service injury. The Board has determined that a VA examination is needed to determine the nature and likely etiology of these conditions.

The Board has determined that the Veteran does not have a chronic cervical spine disorder or headaches that are etiologically related to service, but finds that these conditions may be secondary to his service-connected seizure disorder.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination, and readjudicating the issue.