Neck / cervical spine decisions — 2014

The Board found no evidence of a neck or cervical spine disorder during service, and the Veteran's current condition is not related to his military service. The examiner opined that it was less likely than not that the Veteran's current cervical spine disorder is caused by or aggravated by his service-connected lumbar spine disability.

The Veteran's cervical disability and testicular atrophy were found to be related to his period of service, while the ganglion cyst left wrist was not. The Veteran's bilateral hearing loss and Hepatitis B claims are denied.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine and cervical radiculopathy of the bilateral upper extremities was granted with an effective date of August 27, 1995.

The Veteran's appeals for service connection on the issues of neck disability, bilateral knee disability, bilateral eye disability, bilateral feet disability, diabetes mellitus, heart attack caused by clogged artery, psychiatric disorder (anxiety attacks and nervousness), headaches, bilateral leg disability, and bilateral arm disability have been withdrawn. The claim for service connection for a back disability is denied as there is no competent evidence of a current diagnosis. The claim for service connection for a right shoulder disability is also denied due to lack of competent medical evidence linking the condition to service.

The Veteran's claim for special monthly compensation (SMC) under the provisions of 38 U.S.C.A. � 1114(s) is denied as he does not meet the requirements for SMC based on his total disability rating due to PTSD and additional service-connected disabilities rated at less than 60 percent combined.

The Board has determined that the Veteran does not have a cervical spine disability or headaches due to disease or injury incurred in service. The evidence is insufficient to establish service connection for these conditions.

The Veteran's claims for service connection for hemorrhoids, a lumbar spine disorder, a cervical spine disorder and tinnitus are granted. The claim for an increased rating for residuals of a partial tear to the left medial collateral ligament is pending.

The Board has determined that the Veteran's service-connected cervical spine disability does not warrant a higher rating as there is no evidence of unfavorable ankylosis or forward flexion to 15 degrees or less. The Veteran's right knee and right shoulder disabilities are also rated at their maximum allowable under the applicable diagnostic codes.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the claims.

The Veteran's claim for an earlier effective date for the grant of service connection for degenerative/arthritic changes, cervical spine was denied as there is no evidence of a formal or informal claim prior to January 28, 2010. The effective date assigned in the April 2010 rating decision is the earliest possible date based on the record.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine and left ankle sprain are causally related to his active duty service, granting service connection for these conditions.

The Veteran is not entitled to commencement of the period of payment for VA compensation benefits prior to May 1, 2010 as his effective date was properly assigned on April 1, 2010.

The Board has scheduled the Veteran for a videoconference hearing, but due to his failure to report, the case is being returned to the Board for further action.

The Board has remanded the Veteran's claims for a lumbar and cervical spine disorders, as well as his claim for TDIU due to service-connected disabilities. The case is being returned to the RO/AMC for further development.

The Board has determined that the Veteran's claimed disabilities, including bilateral hearing loss and cervical spine disability, are not related to service. The claim for service connection is therefore denied.

The Veteran's service connection claims for various conditions have been granted based on direct service connection. No new evidence or changes in the rating system were noted.

The Veteran's cervical spine disability and fibromyalgia are found to be related to her in-service lifting injuries, meeting the criteria for service connection on a direct basis. The TDIU claim is also granted.

The Veteran's service connection claims for various disabilities, including PTSD and injuries sustained in Iraq, are denied as there is no current evidence of a psychiatric disability or any other claimed conditions.

The Veteran's appeal is remanded for a new VA examination to address the extent of impairment and remaining function in his left arm, hand, leg, and foot. The claim will be reconsidered based on the additional evidence.

The Veteran's appeal has been withdrawn, and the case is dismissed.