Neck / cervical spine decisions — 2014

The Veteran's cervical spondylosis with radiculopathy to the left arm/hand is service connected, but there is no evidence of residuals from a shrapnel wound.

The Veteran withdrew his appeals regarding the initial disability ratings for right knee status post ACL reconstruction with chondromalacia and degenerative arthritis, cervical spine degenerative disc disease, and thoracolumbar spine degenerative disc disease.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. A Travel Board hearing will be scheduled at the RO.

The Veteran's claims for PTSD, left knee disability, cardiovascular condition, neck disability, lumbar spine disability, right knee disability, and left foot disability have been reopened. Claims for scars of the face and head and residuals of a right thumb and hand injury were not reopened.

The Board is remanding the case to schedule a hearing for the Veteran, as he requested due to transportation and weather issues.

The Veteran's appeal is being remanded to obtain additional medical records, schedule a VA examination, and readjudicate the TDIU claim. The issues of service connection for depression and increased evaluations for right ankle and bilateral knee disabilities are also being addressed.

The Veteran's service-connected residuals of a fracture of the right distal radius are currently rated at 40 percent, and his cervical sprain with osteoarthritis is also rated at 40 percent. The Board has determined that these ratings adequately reflect the severity and symptomatology of the disabilities.

The Veteran's claim for service connection for somatic cervical thoracic dysfunction is denied as there are no current diagnosed conditions and the pain began prior to his Southwest Asia theater service.

The Veteran's cervical and thoracolumbar spine disabilities have been rated as 10 percent each, but the VA examiners found that both conditions do not warrant a higher rating based on their current functional limitations.

The Board denied the Veteran's claim for service connection for neck disability, finding that his current neck disability was not incurred or aggravated in service and may not be presumed to be service-connected.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by active service and denied both his claim for service connection and his request for a higher rating.

The Board has remanded the claims due to conflicting evidence regarding whether the Veteran's current lumbar and cervical spine disorders are related to his active service, specifically an in-service motor vehicle accident. The case is now pending for further examination and opinion.

The Board denied the Veteran's claim for service connection for spondylosis of the cervical and lumbar spine, finding that there was no evidence of a nexus between his current disability and his military service.

The Board has granted service connection for seasonal allergic rhinitis and a cervical spine/neck disorder. The Veteran's claims for bilateral hearing loss, wide spread joint pain, right foot, left foot, right ankle sprain, left ankle sprain, right shoulder disorder, herpes simplex virus II (HSV-2), facial and chest pityriasis alba rash, degenerative joint disease of the acromioclavicular joint of the left shoulder, and hypertension with headaches have been granted. The Veteran is assigned a 10% rating for his service-connected HSV-2.

The Board has determined that the Veteran's service-connected disabilities necessitate regular aid and attendance, warranting special monthly compensation.

The Veteran's cervical spine disorder and migraine headaches are found to be related to service, with the VA examiner providing a positive nexus opinion in favor of service connection.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is being remanded due to new evidence submitted after the last Supplemental Statement of the Case (SSOC). The case will be readjudicated and a new SSOC issued, with consideration given to all received evidence.

The Board found that there is no evidence linking the Veteran's cervical spine disorder to his active duty service and denied the claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current level of disability due to his service-connected cervical spine strain.

The Veteran's appeal has been withdrawn before the Board could make a decision.