Neck / cervical spine decisions — 2014

The Board has determined that the reduction in the evaluation for DDD of the lumbar spine from 20% to 10% was improper due to equipoise evidence. The claim for service connection for arthritis of the cervical spine and schizophrenia is reopened, but the claim for a neck disability remains pending.

The Veteran's appeal is denied as his cervical spine disability does not meet the criteria for a higher rating under the applicable diagnostic codes. The issue of TDIU has been remanded due to incomplete records.

The Veteran's cervical spine disability is secondary to his service-connected lumbar spine disability. The Board finds that the Veteran's current osteoarthritis of the cervical spine should be granted as secondary to his service-connected degenerative joint disease of the lumbar spine.

The Veteran's service-connected disabilities are sufficient to meet the criteria for a TDIU rating, as his combined disability rating is at least 90 percent and he has been found unable to secure or follow any form of substantially gainful employment due to his service-connected conditions.

The Veteran's lumbar spine strain is currently rated at 20 percent, and the Board has granted a higher rating of 40 percent for this period. Service connection for a cervical spine disability was denied.

The Veteran's cervical spondylosis does not meet the criteria for a higher rating as it is not manifested by favorable ankylosis of the entire cervical spine or forward flexion limited to 15 degrees.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to any incident of his military service, including a motor vehicle accident in 1980.

The Board found that the Veteran's cervical spine and right shoulder disabilities are not related to his service or caused by his service-connected lumbar spine disability. The VA examiner opined that the Veteran's cervical spine disability is degenerative in nature, unrelated to his service-connected lumbar spine disability.

The Veteran's appeal is being remanded to obtain updated VA treatment records and a VA examination. The issues of service connection for degenerative joint disease of the cervical spine and headaches are being considered.

The Board found that the Veteran's cervical spine disability did not have onset during service and is not related to any in-service injury or event. As a result, the claim for service connection was denied.

The Veteran's tinnitus was found to have onset during service and is granted as service connected. The bilateral hearing loss disability and neck disability are both found to be not related to service.

The Veteran does not have a qualifying additional disability (characterized as radicular symptoms in his arms) resulting from the March 1995 VA cervical fusion procedure at C4 to C7. The Board finds that the Veteran's condition was not caused by or aggravated by the VA treatment.

The Veteran's arthritis or spondylosis of the cervical spine is not related to service, and his headaches are not found to be secondary to PTSD.

The Veteran's appeal is being remanded for additional development, including verification of his Reserve service and an appropriate VA examination to evaluate his claimed cervical spine disorder.

The Veteran's appeal is being remanded for further development to obtain additional medical records and insurance award documentation. The claims will be readjudicated after the development is completed.

The Veteran is not entitled to SMC benefits because his tuberculosis has been inactive and he is currently receiving a higher monthly payment for his skin disorder.

The Board has determined that the Veteran's low back and neck disabilities are not related to service, while his right hand disability is less likely caused by a service injury.,Service connection for all three conditions (low back, neck, and right hand) was denied.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including an examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's claims are being remanded for a videoconference hearing before a Veterans Law Judge.

The Board found that the Veteran's hip, knee and cervical spine disabilities are not service-connected as they did not begin during or within one year after his military service. The Board also determined that these conditions are secondary to his service-connected hallux valgus of the left foot.