Neck / cervical spine decisions — 2015

The Veteran's bilateral osteoarthritis of the knees is found to be etiologically related to active service. The Board finds that new VA examinations are necessary to determine if his low back strain, cervical and neck strain, and bilateral ankle strains are etiologically related to active service or secondary to his now service-connected bilateral osteoarthritis of the knees.

The Board has reopened the Veteran's claim for service connection for a low back disability and granted it. The issue of entitlement to service connection for a neck disability is remanded due to insufficient evidence regarding its etiology.

The Board has determined that the Veteran's vertigo is not related to her service-connected disabilities and has granted a TDIU based on her multiple service-connected conditions preventing her from securing and following substantially gainful employment.

The Veteran was granted service connection for a fatigue disability due to her major depressive disorder with PTSD, which is considered a direct service connection.,Service connection was also granted for actinic keratosis, but the issue of whether it is related to service remains pending.

The Veteran's claim for an initial disability rating in excess of 20 percent for service-connected degenerative disc disease (DDD) of the cervical spine is being remanded due to a previous inadequate VA examination. The case will be processed again with an appropriate VA examination.

The Board found that the Veteran's cervical spine disability, characterized by pain and decreased range of motion, did not meet or approximate the criteria for a rating in excess of 20 percent.

The Veteran withdrew his appeals for left shoulder tendonitis, cervical spine disorder, and radiculopathy of the left upper extremity prior to a decision being made.

The Veteran's appeal is remanded due to the need for additional medical examination and consideration of all pertinent evidence. The issues include increased ratings for his cervical spine disability, left upper extremity neurological impairment, and right upper extremity neurological impairment.

The Board has granted service connection for low back and cervical spine disabilities. The Veteran's left knee disability is being remanded due to the need for a medical opinion regarding its relationship to her right knee disability.

The Board has granted service connection for a lumbar spine disability, cervical spine disability, and an adjustment disorder. The Veteran's right knee patellofemoral pain syndrome rating is restored to 30 percent.

The Veteran's claims for service connection and initial ratings for cervical spine degenerative changes and headaches have been granted, but the disabilities are not rated higher than noncompensable.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling an examination. The issues of entitlement to increased ratings for cervical spondylosis with degenerative disc disease and surgical scars from cervical diskectomy as well as service connection for TBI are also being addressed.

The Veteran's claims for increased ratings and service connection were denied. The issue of service connection for a cervical spine disorder was withdrawn by the Veteran.

The Veteran's appeal is being remanded to allow for the consideration of additional medical records and for further development as needed.

The Veteran's cervical spine and lumbar spine disabilities have been rated based on their current manifestations, with the highest rating granted for the cervical spine disability from January 10, 2012. The lumbar spine disability has also received a higher rating.

The Board has determined that the Veteran's degenerative joint disease at C5-6 level and his headaches, which are partly due to cervical spine degeneration, were incurred during service. Service connection is granted for these conditions.

The Veteran's service-connected spine disability renders him unable to obtain or maintain any form of substantially gainful employment consistent with his education, training, and work history since January 2, 2011.

The Veteran's Tension Headaches are rated at 10 percent prior to January 5, 2012 and 50 percent thereafter. The cervical spine disability is rated at 20 percent from September 11, 2005 to December 22, 2011; 70 percent effective January 5, 2012; and 80 percent effective April 28, 2015. The Veteran's right upper extremity radiculopathy associated with his cervical spine disability is rated at 40 percent from September 11, 2005 to December 22, 2011; 70 percent effective January 5, 2012; and 80 percent effective April 28, 2015. The Veteran's TDIU claim is granted.,The Veteran has been rated at 30 percent from March 7, 2001 to September 10, 2005; 40 percent from September 11, 2005 to December 22, 2011; and 80 percent effective January 5, 2012.

The Board denied the Veteran's claims of service connection for psychiatric, left jaw, left frontal lobe, cervical spine, and lumbar spine disabilities. The diagnoses were not supported by evidence or medical opinion.

The Board found that there is no current diagnosis of a lumbar or cervical spine disability, and thus denied the Veteran's claims for service connection.