Neck / cervical spine decisions — 2015

The Board has remanded the case due to a failure to obtain private medical records from Patients First in Tallahassee, Florida. The Veteran is asked to provide the names and addresses of any healthcare providers who have treated him for his disabilities.

The Veteran's cervical spine disability, which was previously rated at 10 percent prior to June 1, 2009, is now rated at 30 percent from that date. The Board found that the disability did not meet the criteria for a higher rating due to lack of unfavorable ankylosis.

The Veteran's appeal is being remanded for a Board videoconference hearing due to her and her representative's requests.

The Board has reopened the Veteran's claims for service connection for low back and cervical spine disabilities, as well as his increased rating claim for bilateral pes planus. The new evidence received since the final denial of these claims is found to be material and sufficient to reopen them.

The Board has remanded the Veteran's claims for further development due to insufficient opinions regarding the etiology of his neck disability and incomplete treatment records.

The Board has determined that the Veteran's current gynecological disorder, including hysterectomy, is not related to service and therefore denied her claim for service connection.

The Board finds that the Veteran's current low back and neck disabilities are less likely than not incurred in or caused by his service, with no significant injury documented during service. The lapse of time between separation from service and the earliest documentation of disability is a factor to consider.

The Veteran withdrew his appeals for diabetes, right knee disability, and leukocytosis at the June 2015 hearing. The remaining claims are being remanded for further development.

The Board denied the Veteran's claims for service connection and initial disability rating in excess of 10 percent for his cervical spine disability, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The Board found that the Veteran's cervical spine disability was not caused by or aggravated by his service-connected lumbar spine disability, and thus denied both claims.

The Veteran's cervical spine disability is rated at 20 percent, and his headache disability is service-connected as secondary to the cervical spine disability. The Board has granted these claims.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining updated treatment records. The Veteran's claim of service connection for a cervical spine disability will be reconsidered based on the new evidence.

The Board has determined that the Veteran's current neck disorder and sleep apnea are not related to his active duty service, and therefore, he is not entitled to service connection for these conditions.

The Board has reopened the claim of service connection for a cervical spine disorder and granted it. Service connection is also established for bilateral upper extremity peripheral neuropathy as secondary to the service-connected cervical spine disorder.

The Veteran's hypertension, cervical spine DJD/arthritis, and migraine headaches are all granted service connection. The hypertension is presumed due to active service, the cervical spine DJD/arthritis is presumptively related to service, and the migraine headaches are secondary to the cervical spine condition.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of service connection for PTSD, neck disability, and memory loss are still pending.

The Veteran's appeal is being remanded to obtain a VA Social and Industrial Survey to determine the combined effect of her service-connected disabilities on her ability to perform sedentary type of work.

The Veteran does not have a current diagnosis of any claimed conditions, and the evidence does not support service connection for any of her claims.

The Veteran's claim for an earlier effective date for the 10% disability rating for scars of the forehead and chin was denied. The claims for increased ratings for various disabilities, including PTSD with depression, were also denied.

The Board has granted service connection for headaches as a residual of an in-service head injury (claimed as TBI). The remaining claims for service connection have been denied.