Neck / cervical spine decisions — 2015

The Veteran's current upper, middle and lower back disabilities are found to be related to injuries sustained during service.

The Veteran's claims for service connection for back and cervical spine disabilities were denied. The Board found that the current conditions are not related to service.,Regarding a psychiatric disability, the Veteran contends it began in service based on a psychiatric consultation report from September 1975.

The Board denied the Veteran's claims of entitlement to service connection for a TBI, low back disability, and neck disability. The evidence did not establish that these conditions were incurred or aggravated by service.

The Veteran's claims for service connection for depressive disorder, cervical strain, and lumbosacral strain have been granted. The initial ratings for cervical strain and lumbosacral strain are also granted.

The Veteran's degenerative changes of the cervical spine have been rated at 10 percent since July 27, 2009.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for a total disability rating on the basis of individual unemployability.

The Veteran has been diagnosed with a seizure disorder, cervical spine disorder, left eye disorder, and psychiatric disorder. However, there is no evidence of such conditions during service or that they are related to service.,VA examinations were not provided for the issues of tinnitus and peripheral neuropathy of the lower extremities.

The Veteran's service-connected disabilities, including PTSD and psychotic disorder, cervical spine disability, low back disability, tinnitus, shell fragment wound scars, hemorrhoids, and left ear hearing loss, result in painful, limited motion that impairs his ability to perform employment of both a physical and sedentary nature. The evidence is at least in equipoise as to whether these disabilities prevent him from obtaining and retaining substantially gainful employment.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and scheduling a spine examination.

The Board has determined that the appellant's cervical and thoracic spine disorders are related to his military service, granting service connection for these conditions.

The Veteran's appeal is being remanded due to the need for additional development and consideration of his claims, including a statement of the case regarding higher initial ratings for muscle weakness of the left upper and lower extremities, residuals of cervical spine surgery.

The Veteran's service-connected disabilities do not meet the criteria for SMC due to aid and attendance or a single disability rated as 100 percent disabling.

The Veteran is seeking service connection for a cervical spine disability, which he claims is related to an assault during military service. The VA examiner found no evidence linking the current neck disability to service, but did not provide adequate rationale or discuss all relevant evidence.

The Veteran's fibromyalgia has been granted service connection based on the presumption in favor of Persian Gulf War veterans. The other issues have not yet been decided.

The Veteran has withdrawn all his appeals, including the one regarding service connection for a sinus disability. As a result, the Board does not have jurisdiction to decide these matters.

The Veteran's lumbar spine disability is rated at 40 percent disabling, effective from May 31, 2011. The claim for service connection for a cervical spine disability and bilateral shoulder disabilities was granted.

The Board has determined that the Veteran does not have a diagnosed cervical spine disability and therefore, service connection for this condition is denied.

The Board has determined that it does not have authority to grant an extraschedular evaluation for the Veteran's cervical spine disorder, as only the Under Secretary for Benefits and the Director of Compensation Service have this authority.

The Board denied the Veteran's claims of service connection for diabetes mellitus, type II, a neck disability, a right hand disability, and asbestosis due to lack of evidence linking these conditions to his active service.

The Veteran's initial disability ratings for degenerative disc disease of the cervical spine and radiculopathy of the left upper extremity associated with cervical spine disability have been granted, effective August 31, 2012.