Neck / cervical spine decisions — 2014

The Board has granted service connection for the Veteran's neck disability and denied an increased rating for his right hand fracture residuals. The neck disability is found to be incurred in service, while the right hand fracture residuals do not meet the criteria for a compensable disability rating.

The Board has denied the Veteran's claim for a TDIU due to his service-connected disabilities, as they do not meet the schedular requirements for such a rating. The appeal is REMANDED for further development and consideration.

The Veteran's appeal of the issue of entitlement to service connection for a bilateral elbow disorder has been dismissed as he withdrew his appeal prior to promulgation of a decision.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the precise nature of his cervical spine condition.

The Veteran's claims for higher ratings and service connection were granted, with the adjustment disorder receiving a 50% rating effective from August 25, 2010. The lumbar spine disability received a 40% rating effective from August 25, 2010. Other issues remain in appellate status.

The Veteran's neck disability, claimed as a cervical spine disability, is being remanded for further development to obtain an addendum medical opinion and to attempt to obtain any private treatment records not yet associated with the claims file.

The Veteran's cervical spine disorder, right knee disorder, and acquired psychiatric disorder (to include depression and PTSD) were not shown to be related to service or a service-connected disability.

The Veteran's cervical spine disability is currently rated at 20 percent disabling, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's low back strain and cervical strain have been evaluated based on their current manifestations, with no additional disability or aggravation considered.,The Veteran's nummular eczema and tinea pedis have resulted in minimal disability. The Veteran's traumatic headaches have been rated based on the severity of his symptoms as of May 1, 2012.

The Veteran's appeal is remanded for additional development, including new examinations and issuance of a statement of the case addressing service connection issues.

The Board has determined that the Veteran's sleep apnea is not related to service and therefore denied his claim for service connection. The other conditions listed were also found not to be related to service.

The Veteran's claim for service connection for back, neck, right and left knee disabilities is being remanded due to the need for a VA examination and additional medical records.

The Board has denied the Veteran's claims for service connection for lyme disease, bilateral hearing loss, tinnitus, angioedema, and a kidney condition. The Veteran is not eligible for special monthly pension based on aid and attendance or housebound status.

The Veteran's claims for service connection of secondary conditions to his right knee osteoarthritis were denied.

The Veteran's cervical spine disorder is being remanded for additional development to determine if it was caused by his service-connected diabetes mellitus, peripheral neuropathy, or PTSD.

The Veteran's appeal is being remanded for further development, including consideration of his TDIU claim based solely on his service-connected TBI.

The Board has remanded the Veteran's claims due to missing service treatment records, SSA disability benefits records, and VA Vocational Rehabilitation and Education file. The Veteran is also advised to provide any private medical records related to his claimed disabilities.

The Board has granted service connection for a cervical spine disability and an acquired psychiatric disorder, specifically anxiety disorder NOS. The Veteran's current diagnoses are supported by competent medical evidence, with the exception of his previous diagnoses which were ruled out in the May 2013 VHA opinion.

The Veteran's cervical spine disability has not met the criteria for a higher rating prior to May 30, 2012 and since then has not resulted in forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees or any other condition that would warrant an increased rating.

The Veteran's cervical spine disability, neurological impairment of the lower extremities (including radiculopathy, polyneuropathy and peripheral neuropathy), and headaches are all found to be related to his service-connected chronic low back disability with arthritic changes. The claim for an increased evaluation for the low back disability is granted.