Neck / cervical spine decisions — 2015

The Veteran's service-connected conditions, including PTSD, cervical spine degenerative joint disease, and bilateral upper extremity radiculopathy, have resulted in unemployability from April 15, 2009 to July 31, 2011. As of July 1, 2014, the Veteran's service-connected conditions, including PTSD, cervical spine degenerative joint disease, bilateral upper extremity radiculopathy, and prostate cancer, have resulted in unemployability.

The Veteran's cervical spine disability, alone with the use of sedating medications or associated peripheral neuropathy of the upper extremities, has not been shown to be so exceptional or unusual as to warrant a higher rating on an extra-schedular basis.

The Veteran meets the schedular criteria for a TDIU from October 1, 2012. The competent and credible evidence of record shows that his service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining active duty training records and seeking addendum opinions from a dermatologist and an orthopedist.

The Board finds that the Veteran's cervical spine degenerative joint disease and bilateral upper extremity neuropathy are not related to his military service, and therefore, cannot be granted service connection.

The Board found that the Veteran's right arm condition was not incurred in or aggravated by service, as it pre-existed his military service and any aggravation was temporary.,Regarding the cervical spine condition, the Board determined that the disability existed prior to service and was not aggravated beyond its natural progression.

The Veteran's request for a Board hearing has been granted, and he is scheduled for the next available video-conference or Travel Board hearing before a Veterans Law Judge.

The Board denied service connection for a cervical spine disability but granted a 50 percent rating for PTSD, effective from the date of the decision.

The Board has remanded the case for additional development due to the need to obtain social security records and translate foreign language documents.

The Veteran's cervical spine disability, which includes spondylosis and a history of discectomy/fusion, is currently rated at 20 percent. The VA examiner found that the Veteran’s forward flexion was limited to 15 degrees or less with functional impairment due to pain on motion. As such, the claim for an increased rating has been granted.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed disabilities and whether they are related to service. The case is therefore being REMANDED for further action.

The Veteran's claim for special monthly pension based on housebound status was denied as he does not meet the criteria for a single permanent disability rated at 100% disabling, and his disabilities do not result in him being substantially confined to his home.

The Veteran's cervical spine disorder and neurological impairment of the left upper extremity are not service-connected as they are attributed to known diagnoses, and there is no evidence linking these conditions to his active duty service.

The Board has determined that the Veteran's current cervical spine and thoracolumbar degenerative disc disease with bilateral lower extremity radiculopathy are related to his in-service combat injury, and service connection is granted for both conditions.

The Veteran's claims for service connection for rheumatoid arthritis of the cervical spine, shoulders, knees, and ankles have been denied. The Veteran was granted a compensable rating for his left foot status post fracture of the third toe.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues include service connection for lumbar and cervical spine disorders, as well as special monthly pension based on the need for regular aid and attendance or by reason of being housebound.

The Veteran's claim for service connection for headaches is denied as there is no evidence of a headache disorder during the pendency of his claim. The claims for increased ratings and service connection for other conditions are remanded due to the need for additional examinations.

The Board denied service connection for low back, neck, and right knee disabilities due to lack of credible evidence linking these conditions to service.

The Board has remanded the case for further development and clarification of opinions regarding whether the Veteran's cervical spine disability is secondary to his service-connected lumbar spine disability.

The Board has remanded the case for additional development, including an addendum VA examination and issuance of a statement of the case.