Neck / cervical spine decisions — 2015

The Veteran's appeal for service connection for sleep apnea is dismissed as the claim has been granted and there remains no justiciable case or controversy with respect to this claim.

The Board has determined that the Veteran's cervical and thoracic arthritis are not related to his service, and therefore denied both claims.

The Board has denied the Veteran's claims for service connection for hypertension, hearing loss, residuals of head trauma, facial scars, neck disability, and low back disability. The PTSD claim was also denied as there is no current disability warranting a rating.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, thus meeting the criteria for TDIU.

The Board found that the Veteran's current cervical spine disability did not manifest in service and is not attributable to service. The arthritis of the cervical spine was not shown within one year of discharge from service.

The Veteran's claim for service connection for PTSD was denied because the evidence did not establish an in-service stressor. The claims for psychiatric disability other than PTSD, low back disability, and cervical spine disability are currently pending.

The Veteran has withdrawn all remaining issues associated with his appeal, including the issue of entitlement to a higher evaluation for service-connected cervical spine disability.

The Veteran's cervical spine disability has been rated at 30 percent since January 19, 2005. The appeal is denied as the evidence does not support a higher rating.

The Veteran's claims for increased disability ratings for lumbar and cervical spine disabilities, as well as reopening of a left hip disability claim, were denied. The Board found that new evidence did not relate to unestablished facts necessary to substantiate the left hip claim.

The Board has received notification of the appellant's request to withdraw his appeal, and therefore, the case is dismissed.

The Veteran has withdrawn all of her claims on appeal, including those for service connection and initial disability ratings.

The Veteran's service-connected cervical spine disability is rated at 20 percent since May 3, 2013. The Board granted a TDIU based on the combined effects of his service-connected disabilities.

The Board denied the Veteran's claims for service connection for right ear hearing loss and increased ratings for left shoulder disability, headaches, folliculitis, and cervical spine disability. The decision also addressed a claim for TDIU but did not adjudicate it due to procedural issues.

The Veteran's claims of service connection for low back and neck disabilities are being remanded due to insufficient opinions in the previous VA examinations, and additional examination is needed. The RO must also obtain all relevant medical records.

The Veteran's claims for effective dates prior to August 26, 2009 for the awards of service connection for various joint conditions have been denied as there is no evidence or correspondence in the record that was received prior to August 26, 2009 which could be construed as either a timely notice of disagreement and/or a CUE challenge to the rating decisions which assigned (in December 1973) and continued (in June 1999) the noncompensable rating for migratory arthritis of multiple joints.

The Board denied service connection for a cervical spine disorder, finding that the Veteran's current diagnosis was not related to her period of active service or service-connected disability. The issues of increased ratings and TDIU were also remanded.

The Veteran's appeal for service connection for cervical spondylosis was dismissed due to the death of the appellant.

The Veteran's claims for service connection for bilateral hearing loss and cervical spine disorder were denied as there is no competent evidence of current disabilities. The Veteran's claim for service connection for tinnitus and left knee disorder are remanded due to the need for a VA examination.

The Veteran's neck disability, diagnosed as cervicalgia, was incurred in active military service and the Board finds that it is at least as likely as not related to his military service.

The Veteran's cervical spine disability is currently rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's right upper extremity radiculopathy is currently rated at 40 percent.