Neck / cervical spine decisions — 2015

The Veteran's service connection for obstructive sleep apnea is granted as it is proximately due to his service-connected chronic sinusitis.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are secondary to his service-connected knee, ankle, and foot disabilities. The evidence supports this finding as the Veteran reported multiple falls due to instability of his knees and ankles which resulted in neck and back injuries.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative before a decision was made.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include PTSD, left lower extremity radiculopathy, lumbar spine disability, cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right knee internal derangement, and left knee arthritis. The Veteran's overall picture indicates that he needs constant supervision due to his service-connected disabilities.

The Board has decided to remand the case for additional development due to a lack of consideration of recent VA examination evidence.

The Board has ordered additional development of the Veteran's claims for service connection for a cervical spine disability and lung disability due to missing records from Dr. Lerner.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are related to his active service, with the evidence being in relative equipoise as to whether these conditions were incurred during service.

The Veteran's cervical spine disability is currently rated as 10 percent disabling. The Board found that the evidence did not support a higher rating based on functional loss or impairment, and denied his claim for an increased rating.

The Board has remanded the claims for service connection for left and right knee disabilities, as well as upper back and neck disabilities due to incomplete medical records and need for further examination.

The Veteran's claim for increased ratings for her cervical spondylosis is being remanded due to the receipt of additional relevant evidence. The AOJ will consider this new evidence and issue a supplemental statement of the case.

The Veteran's appeal is being remanded for additional VA examinations and development of the claims file. The issues include service connection for cervical spine, lumbar spine, right shin, left shin, and right thigh disorders.

The Board has determined that the appellant's claims for service connection for bilateral hearing loss, right shoulder disorder, cervical spine (neck) disorder, headaches, and lumbar spine (low back) disorder have been withdrawn. The claim for a low back disorder was denied as there is no evidence of arthritis manifest to 10% within one year of separation from active duty.

The Board has reopened the Veteran's claims for service connection for a cervical spine disability and a seizure disorder, but denied reopening of his claim for depression.,Service connection is granted for a seizure disorder as secondary to a service-connected condition.

The Veteran's appeal is being remanded for further development, including a new hearing. The issues are to determine if the Veteran should receive increased disability ratings for her knee conditions and whether she can establish service connection for her cervical spine disorder.

The Veteran's service-connected disabilities, including brain cyst, degenerative disc disease of the lumbar spine, headaches, fibromyalgia, cervical spine degenerative disc disease, and bilateral tinnitus, preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for Meniere's disease, and there was insufficient evidence to establish service connection for cervical and lumbar spine disorders.

The Veteran's initial evaluations for his left thigh injury, thoracic spine disability, and cervical spine disability have been denied as the evidence does not support a higher rating under applicable diagnostic codes.

The Veteran's service-connected disabilities do not render him unable to care for his daily needs without requiring the regular aid and attendance of another person; and he is neither bedridden nor housebound.

The Veteran's current hearing loss, tinnitus and neck disability are reasonably shown to be related to service. The Board grants the claims for these conditions.

The Board has determined that the VA examinations and opinions are inadequate for the issues of PTSD, arthritis of the neck, low back, and left side, cervical radiculopathy of the left upper extremity, right knee disability, headaches, hearing loss, a disability to account for joint and body aches, and sore throat. The claims are being remanded for further development.