Neck / cervical spine decisions — 2015

The Veteran's cervical spine disability has been rated at 20 percent since February 1, 1999. The claim for an increased evaluation is granted as of December 21, 2011, when the rating was temporarily raised to 100 percent due to surgery necessitating convalescence. The Veteran's cervical spine disability remains rated at 20 percent since February 1, 2012.

The Veteran's migraines are rated at the maximum schedular evaluation of 50 percent since April 21, 2015. His cervical spine disability is rated as 20 percent disabling from May 7, 2012 onwards.

The Veteran's claims for service connection were denied as the evidence did not support a finding of service connection for any claimed conditions. The Veteran was granted a non-compensable rating for his degenerative joint disease of the lumbar spine.

The Veteran's service-connected disabilities meet the schedular percentage requirements for TDIU, and the Board finds that he is unable to secure or maintain any substantially gainful employment due to his service-connected disabilities.

The appeal has been dismissed as the appellant withdrew their appeal.

The Board has granted the Veteran's request to reconsider his previously denied claim for service connection for chronic degenerative arthritis of the cervical spine, and nerve damage to the cervical spine, left shoulder, and left arm, claimed as secondary to surgical removal of ribs (now, status post removal of the first and cervical ribs for thoracic outlet syndrome).

The Board has granted a 20 percent rating for the Veteran's cervical spine disability since December 11, 2007. The effective date of this decision is June 6, 2012. The earlier effective date for the right knee extension rating remains unchanged.

The Veteran's tinnitus, lumbar spine disability, and cervical spine disability are all found to be related to service. The Board grants these claims.

The Veteran's claim for an initial rating higher than 10 percent for cervical spine DJD with chronic strain and his TDIU claim are both being remanded due to the need to obtain additional evidence, including SSA records.

The Veteran's appeal for an increased rating for his service-connected diabetes mellitus has been dismissed as the Veteran wishes to withdraw his appeal.

The Board has ordered the VA to adjudicate claims for service connection for a neck disability and sinusitis, as these are inextricably intertwined with the Veteran's TDIU claim. The case is also remanded for further development of the TDIU claim.

The Veteran's appeal is being remanded for additional development due to a June 2014 VA examiner's opinion not providing sufficient information on the relationship between his current disabilities and military service.

The Board has dismissed the appeals for service connection of posttraumatic stress disorder and radiculopathy of the left arm as they were withdrawn by the Veteran. The claims of service connection for bilateral hearing loss, tinnitus, cervical spine disability, and skin condition of the left lower extremity are denied.

The Veteran's claims for cervical spine disorder and hypertension are being remanded due to the need for additional development, including obtaining medical records and providing VA examinations.

The Veteran's migraine headaches are rated at the highest schedular rating of 50 percent, effective September 22, 2009. The claim for an earlier effective date for sciatic and left peroneal and tibial nerve involvement is dismissed as service connection was already granted.

The Board found that the Veteran's cervical spine and hypertension diagnoses were not caused or aggravated by service-connected disabilities.,Service connection for these conditions was denied.

The Board has determined that a VA examination is needed to determine the nature and etiology of any neck disability, as well as whether it is related to service. Additionally, updated VA treatment records are required from the VA Northern California Health Care System since November 2014.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The case will be returned to the AOJ for further action.

The Board has remanded the claims for a new VA examination due to inadequate rationale in the November 2011 VA examination and the possibility of outstanding additional records relevant to the current appeal. The Veteran's file must be reviewed, and he must be scheduled for VA spine and peripheral nerves examinations.

The Board finds that the Veteran's current gynecological disorder, including uterine fibroids, cervical polyps, and possible adenomyosis, is not etiologically related to her active military service. The Veteran had an in-service manifestation of dysfunctional uterine bleeding but does not have a current diagnosis of endometriosis.