Neck / cervical spine decisions — 2015

The Board has denied the reopening of the Veteran's claims for service connection for low back and neck disabilities, finding that no new and material evidence has been received to support these claims.

The Veteran's service-connected Arnold-Chiari I Malformation with cervical syringohydromyelia status post suboccipital craniotomy is currently manifested by no attributable symptoms, other than those symptoms for which he is receiving a separate evaluation.

The Board has remanded the case for additional development, including obtaining a VA examination and considering any newly received evidence. The Veteran's claim of entitlement to service connection for residuals of a neck injury is being reviewed.

The Board has remanded the case to the RO for further development due to issues with the previous decision denying TDIU.

The Veteran's claim for increased ratings was denied. The cervical spine disability is rated at 20% and separate ratings of 20% each were granted for upper extremity radiculopathy effective March 10, 2015. The reduction in the right knee rating from 30% to 0% is found to be void ab initio.

The Board has reopened the Veteran's claims for service connection for osteoarthritis of the lumbar spine and cervical spine, finding that new and material evidence was received. The claim is granted as it is at least as likely as not that these conditions are related to his military service.

The Board has denied service connection for cervical spine disc disease and cervical radiculopathy of the left upper extremity. The Veteran's current disability is not related to his active service or a service-connected condition.

The Veteran's appeal is being remanded to obtain a new VA examination and to consider the possibility of additional private treatment records. The claim for an increased rating must be reconsidered with consideration of all pertinent evidence and legal authority.

The Veteran's appeal is being remanded due to the need for a VA examination to assess the current severity of her service-connected lumbar spine and cervical spine disabilities, as well as any associated neurological impairment.

The Veteran's current neck disorder is not service-connected, and his lumbosacral strain disability does not warrant a higher rating.

The Board denied the Veteran's claim for an earlier effective date for the award of service connection for PTSD, as well as his claims for various other disabilities. The Board found that there was no legal merit to these claims.

The Board has reopened the claim of service connection for a neck disability and granted it, finding that there is evidence relating the current neck disability to service. The kidney and left knee disability claims are remanded due to insufficient evidence.

The Veteran's claims for service connection for ischemic heart disease, diabetes, diffuse idiopathic skeletal hyperostosis (DISH), sleep apnea, rheumatoid arthritis, gout, neck disability, low back disability, bilateral hip and knee disabilities, iritis, allergies, nephrolithiasis, erectile dysfunction, and lip rash are all granted due to presumed exposure to herbicides in service.

The Veteran's appeal is being remanded due to incomplete service treatment records and the need for a VA examination in connection with his claim of service connection for a nervous disorder. The case will be readjudicated after these actions.

The Veteran's cervical spine disability is being remanded for further development, including a VA examination to determine the nature and etiology of his condition.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination to determine the nature and likely etiology of any currently diagnosed neck or back disability. The examiner should address whether it is at least as likely as not that these disabilities are related to service or caused by the Veteran's service-connected left knee disability.

The Veteran's claims for higher initial disability ratings for various service-connected conditions have been denied. The Board found that the evidence did not support granting any of the requested increased evaluations.

The Veteran's radiculopathy of the right upper extremity was granted a rating of 40 percent effective September 29, 2010. The maximum schedular rating for this disability is 40 percent.

The Board has determined that service connection is not warranted for any of the claimed conditions, as there is no credible evidence linking them to service or any incident therein.

The Board has granted an initial disability rating of 20 percent for degenerative arthritis of the cervical spine and a separate 10 percent rating for degenerative arthritis of the lumbar spine, effective from the date of the grant of service connection.