Neck / cervical spine decisions — 2014

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected cervical spine disability and its impact on his ability to work. The TDIU claim will be adjudicated as part of this process.

The Board has decided to remand the Veteran's claim for service connection for a cervical spine condition due to insufficient development and examination.

The Veteran's cervical spine disability does not meet the criteria for a higher rating, as it does not result in forward flexion limited to 15 degrees or less, ankylosis, or incapacitating episodes of intervertebral disc syndrome of at least four weeks. The current 20 percent rating is therefore denied.

The Veteran requested a withdrawal of all issues on appeal due to the increase in her post-concussive syndrome rating to 100 percent effective October 9, 2012. As such, the Board dismissed the appeal.

The Veteran's cervical spine degenerative joint disease is presumed to have been incurred in service due to continuous symptoms since separation.

The Veteran's service-connected disabilities, including his anxiety with depression and multiple musculoskeletal conditions, have resulted in a combined disability rating of 100 percent. The Veteran is eligible for financial assistance to acquire an automobile or adaptive equipment due to the severity of his service-connected conditions.

The Veteran's service connection claims for degenerative joint disease, PTSD, and left great toe disability were denied. The Board found that the arthritis was not incurred in or aggravated by service, while the PTSD and left great toe disability met the criteria for a 50% rating before October 28, 2010.

The Veteran's claims for service connection and increased ratings were denied. The claim for a lumbar spine disability was not reopened, while the claims for right shoulder, cervical spine, and bilateral hand disabilities were not granted. Service connection for peripheral neuropathy of the lower extremities was granted with a 20% rating.

The Veteran's claim for an increased evaluation for service-connected cervical strain with intervertebral disc syndrome is being remanded due to the need for a VA examination to assess the presence and severity of any associated neurological abnormalities, particularly in the upper extremities. The issue remains on appeal as the maximum benefit was not granted.

The Veteran's cervical spine disability was rated at 20 percent prior to September 1, 2010. Effective September 1, 2010, the rating for her cervical spine disability was increased to 30 percent.

The Board has granted service connection for a cervical spine disability due to aggravation during active duty. The Veteran's tinnitus claim is denied as she did not file an informal claim prior to January 9, 2009.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for cervical spine disability. The Veteran's low back disability is also being considered as secondary to his service-connected right shoulder disability.

The Board has decided to remand the Veteran's claim for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's service-connected cervical spine disability and left upper extremity radiculopathy are not rated higher than the current 20 percent and 10 percent ratings, respectively.

The Veteran's incomplete tetraplegia and cervical spine disability are service-connected, with the latter being secondary to his service-connected cervical spine disability. He is also granted special monthly compensation based on aid and attendance.

The VA determined that the Veteran's current neck disability, diagnosed as degenerative joint disease, was not incurred in or aggravated by service. The Board found no evidence of a chronic condition during service and insufficient continuity of symptomatology post-service to establish service connection.

The Veteran's service-connected disabilities preclude him from obtaining or maintaining substantially gainful employment, and the Board finds that his TDIU claim should be granted.

The Board denied service connection for cervical spine disability and low back disability, finding no evidence of an in-service injury or disease that could be linked to the current disabilities.

The Board has remanded the case for further development, including obtaining VA treatment records and requesting an addendum from the July 2009 VA examiner to determine if the cervical spine disability is aggravated by the service-connected right knee disability.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claims for service connection for cervical arthritis and lumbar myofascitis, L5-S1 degenerative disk disease (DDD), and facet arthrosis. The Board finds that these conditions are related to service.