Neck / cervical spine decisions — 2015

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

The Board has decided to remand the Veteran's claims for additional development due to inadequate examination reports and other issues.

The Veteran's cervical spine disability is rated at 30 percent, and his left upper extremity radiculitis has been rated as noncompensable. The Veteran was granted a TDIU rating.

The Veteran's claims for increased ratings for cervical spine and lumbar spine disabilities were denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Board finds that the Veteran's cervical spine disability was not incurred in or aggravated by service. The VA examiner opined that the current condition is less likely than not caused by any incident during service.

The Veteran's appeal includes claims for various conditions, including hypertension, psychiatric disorders, lung issues, head trauma, sleep apnea, headaches, and several other conditions. The Board has remanded the case due to a request for a videoconference hearing.

The Veteran's appeal is being remanded to obtain additional medical records and schedule a Travel Board hearing.

The Board has granted service connection for a cervical spine disorder, lumbosacral spine disorder, hearing loss of the left ear, and tinnitus of the left ear as these conditions are related to military service.,Service connection is granted based on direct evidence showing a link between current disabilities and military service.

The Board has determined that the Veteran does not have current diagnoses of a cervical spine disability, arthritis (bone disability), or a sleeping disorder. Therefore, service connection for these conditions is denied.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since August 26, 2010.

The Veteran's low back and neck disabilities were not shown to be related to service, and the Board denied service connection for these conditions.,PTSD was rated at 50% from February 7, 2011 to June 2, 2014, and at 70% thereafter. The Veteran's PTSD did not meet the criteria for a higher rating.

The Veteran's claim for an increased rating for cervical degenerative joint disease has been granted, with a 20 percent disability rating effective January 6, 2009.

The Board denied service connection for bilateral ankle disability, finding that the Veteran's current right ankle lateral collateral ligament sprain (chronic/recurrent) is not related to his active duty service.,Service connection was also denied for a bilateral shoulder disability. The VA examiner concluded that DJD of the right shoulder is less likely than not related to any in-service event or injury, and there is no evidence of left shoulder condition during service.,The Board found that the Veteran's current nerve irritation manifested as left shoulder pain is proximately due to his service-connected cervical spine disability. Therefore, service connection for a pulmonary disability was granted.

The Board has remanded the case for further development and to schedule a hearing. The Veteran's claims of service connection for low back disability, cervical spine disability, and carpal tunnel syndrome are still pending.

The Veteran's claims for increased ratings were denied across multiple conditions, including right and left shoulder disabilities, cervical spine IVDS, lumbar spine IVDS, upper extremity radiculopathy, plantar fasciitis, and headaches. The VA determined that the evidence did not support a higher rating for any of these conditions.

The Veteran's spondylosis of the thoracic and lumbar spine with kyphosis of the thoracic spine is currently rated at 40 percent, which is the maximum schedular evaluation available. The cervical spine disability is currently rated at 20 percent. There are no incapacitating episodes over the past 12 months due to intervertebral disc syndrome.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's cervical spine disability and its relationship to service. The issues of entitlement to service connection for degenerative disc disease of the cervical spine and radiculopathy of the left arm are inextricably intertwined and must be deferred pending further development.

The Board has determined that the Veteran's cervical and thoracic spine disorders are not related to service, nor may they be presumed to be so incurred. The service-connected lumbar spine disability did not cause or aggravate these conditions.

The Veteran's service-connected PTSD and rhinitis are considered to have contributed substantially and materially to his cause of death. The Board has determined that the criteria for a TDIU prior to October 21, 2009 are met.

The Veteran's appeal is being remanded due to the need for a Board hearing at the RO.