Neck / cervical spine decisions — 2015

The Board has determined that the Veteran's neck disability was not incurred in or aggravated by service.,The Veteran does not have right ear hearing loss of such severity to qualify as a disability for VA purposes.

The Veteran's appeal is remanded due to the inextricably intertwined issue of whether there was clear and unmistakable error (CUE) in the November 1971 rating decision and March 1978 administrative decision regarding service connection for back disabilities. The effective date claim will be returned to the Board after this CUE issue is resolved.

The Veteran's service-connected left knee chondromalacia, lumbosacral spine disability, cervical spine disability, and left ear hearing loss are currently rated at the lowest possible initial rating of 10 percent. The Board finds that these conditions do not warrant a higher rating based on their current manifestations.

The Veteran's cervical spine disability warrants a combined rating of 50 percent, effective from July 30, 2010.

The Board has determined that the Veteran's service-connected disabilities, combined, result in such severity as to render him unable to obtain or maintain substantially gainful employment.

The Board denied the Veteran's claims for service connection for residuals of a concussion, carpal tunnel syndrome of the right hand, and cervical spine disability. The Veteran's right shoulder disability was rated at 20 percent until March 13, 2013, when it was increased to 40 percent. The Board also denied ratings in excess of 20 percent for the Veteran's right upper extremity radiculopathy, and denied compensable ratings for his scars and occipital neuralgia.

The Board has decided to remand the case for further verification of the appellant's periods of active duty, ACDUTRA, and INACDUTRA in the Air National Guard. The claim will be reconsidered after this additional information is obtained.

The Board has determined that more current clinical findings of the Veteran's PTSD are needed to adjudicate the appeal, and therefore, the case is being remanded for further development.

The Veteran's appeal involves multiple conditions and issues, including cervical spine or neck condition, thoracolumbar spine or back condition, bilateral eye disorder, irritable bowel syndrome and GERD, prostate condition with incontinence, recurring skin lesions and sores, migraine headaches, insomnia, anxiety and depression, and temporomandibular joint syndrome (TMJ). The appeal is being remanded for further action.

The Veteran withdrew his appeals for the listed issues prior to a decision being made.

The Board has determined that the Veteran does not have a current right ear hearing loss disability for VA purposes or tinnitus. The claims of service connection for astigmatism and myopia, low back strain, cervical and pelvic non-allopathic lesions, myalgia and myositis, hypertension, and external hemorrhoids are denied as there is no competent medical evidence showing a current disability.

The Board found that the Veteran's cervical strain and migraine headaches were not related to service, either directly or secondary to a service-connected disability.

The Veteran's appeal is being remanded for additional development and readjudication. The issues include a higher evaluation for neck injury, service connection for PTSD and anxiety/dementia, and SMC based on aid and attendance or housebound status.

The Board denied the Veteran's claims of service connection for pilonidal cyst, hypertensive heart disease, headaches, lumbar spine disability, cervical spine disability, fibromyalgia, and liver disability. The reasons given were lack of evidence linking these conditions to service or herbicide exposure.

The Board found that there is insufficient competent and probative evidence to establish a current cervical spine or bilateral shoulder disability related to service, thus denying the Veteran's claim for service connection.

The Board has remanded the case for additional development due to errors in previous decisions and incomplete medical records.

The Board has denied the Veteran's claims of service connection for cervical spine and back disabilities, finding that new and material evidence was not received to reopen the claims. The appeal is remanded due to the filing of a NOD regarding these claims.

The Board has determined that additional development is needed before the Veteran's claim on appeal can be decided, including obtaining VA and private treatment records, scheduling a VA examination, and reviewing the claims file.

The Veteran's PTSD claim is granted, and he is service-connected for this condition.

The Board found that the Veteran's cervical spine disorder is not caused or aggravated by his service-connected low back disability, and therefore denied the claim for secondary service connection.