Neck / cervical spine decisions — 2014

The Veteran's appeal to establish that his substantive appeal was timely filed regarding the May 2007 rating decision was denied. The Board also found that his appeals for earlier effective dates and increased ratings were not timely filed.

The Board denied the Veteran's claims for increased ratings for his cervical spine strain, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's traumatic brain injury and obstructive sleep apnea are found to be service-connected. The PTSD is assigned a 50% disability rating, the left knee and right knee conditions are each rated at 10%, the shoulder strains are not service-connected, the wrist condition does not meet criteria for a higher rating, the spine strain is rated at 10%, the ankle strains do not warrant a higher rating, the hiatal hernia with GERD is rated at 10%, and the headaches are assigned a 30% disability rating. The Veteran's hypertension, DVT, restless leg syndrome, IBS, erectile dysfunction, and hypertensive cardiovascular disease are each rated at 10%.

The Board has remanded the Veteran's claims due to additional evidence received since the last decision. The claims will be reviewed again by the RO.

The Board has determined that a remand is necessary to obtain updated evaluations of the Veteran's service-connected disabilities and determine if he qualifies for vocational rehabilitation benefits. The case will be returned to the Board after these actions are completed.

The Board found that the Veteran's currently manifest cervical spine disability did not have its onset in service and is not otherwise related to his period of active duty, including the in-service fall off a truck. The most probative evidence shows that the Veteran's current condition was likely due to age-related degenerative change.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his left leg radiculopathy and to determine if he has a cervical spine disability that is related to service or his lumbar spine disability. The TDIU issue remains pending.

The Board has reopened the Veteran's claims of service connection for lumbar spine and cervical spine disabilities due to new evidence received. The claims are granted.

The Board has granted service connection for cervical spine degenerative disc and joint disease, headaches (claimed as loss of consciousness), but denied service connection for a left elbow disorder. The lumbar spine disorder is currently under consideration in the REMAND portion.

The Board has remanded the case for additional development, including obtaining VA treatment records, SSA records, and an addendum to the April 2013 examination report. The Veteran is also scheduled for a Social and Industrial Survey.

The Board found that the Veteran does not have current disabilities for any of the claimed conditions and thus denied her claims.

The Board has remanded the case for further development due to a need for new examinations and additional medical records.

The Board has withdrawn the Veteran's appeal for SMC based on aid and attendance. The claim for service connection for sleep apnea is granted as it relates to his service-connected pain disorder.

The Veteran's service-connected atypical migraines, combined with his cervical and thoracic spine disabilities, do not render him unemployable for substantially gainful employment.

The Veteran's cervical and lumbar spine disabilities have been rated as non-compensable, with no evidence of a compensable disability rating for the thoracic spine compression fractures. The Board denied both claims.

The Board found that the Veteran's current cervical spine disorder is not related to his period of service and denied his claim for service connection.

The Board has determined that the Veteran's claimed conditions, including back disability, cervical spine disability, and right shoulder disability, are not related to service.

The Board has granted service connection for coronary artery disease and aortic valve sclerosis, as these conditions are proximately due to or the result of his service-connected disabilities. The Veteran's other claims have been denied.

The Board has remanded the case due to outstanding records and need for additional examinations. The Veteran's neck disability may be related to service, but his back disability is not.

The Veteran's claim for service connection for a neck disability is being remanded due to the need for additional development, including obtaining VA and private treatment records, corroborating evidence of an in-service motor vehicle accident, and arranging for an examination.