Neck / cervical spine decisions — 2015

The Veteran's cervical spine disability and hypertension were not incurred in or aggravated by active military service, nor may such disabilities be presumed to have been so incurred. The case is being remanded for additional development.

The Board has remanded the case for additional development, including obtaining records of treatment and examination, as well as attempting to obtain SSA disability determinations and workers' compensation records. The Veteran's cervical spine disability is being evaluated in relation to his service-connected lumbar spine disability.

The Veteran's appeal is being remanded for additional development, including obtaining an addendum medical opinion and procuring post-service treatment records.

The Board has found no evidence of an in-service incurrence or a nexus between the Veteran's current neck, left hand, low back, and right shoulder disabilities and his military service. As such, the claims for these conditions have been denied.

The Board granted service connection and assigned a 10 percent rating for cholinergic urticaria, effective from the date of the decision. The ratings for right knee musculoligamentous strain, right shoulder strain (major extremity), and right ankle sprain remain unchanged.

The Veteran's service-connected headaches are rated at 50 percent disabling. The Board granted a higher initial rating for his headaches, but noted that the condition presents an exceptional or unusual disability picture and referred the matter to the Director of Compensation and Pension Service for extraschedular evaluation.

The Veteran's cervical spine disability has not resulted in unfavorable ankylosis, and therefore does not meet the criteria for a higher evaluation.

The Veteran's cervical spine, right knee, and left knee disorders were initially manifested during active service.,Service connection is granted for recurrent cervicalgia and cervical spine degenerative changes with neural foraminal narrowing; recurrent right knee chondromalacia and patellofemoral syndrome; and recurrent left knee chondromalacia and patellofemoral syndrome.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Veteran's claim for service connection for hearing loss is granted. The Board finds that the evidence is at least in equipoise on the question of whether currently diagnosed hearing loss is related to service, and resolves reasonable doubt in favor of the Veteran.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum opinion from a VA examiner to address the Veteran's claims for service connection.

The Board has determined that the Veteran's neck and low back disabilities are etiologically related to his military service, leading to a grant of service connection for these conditions.

The Board has determined that the Veteran does not have a current bilateral hip condition and there is no evidence of record linking his cervical spine condition to service-connected conditions. The claim for service connection for a bilateral hip condition as secondary to service-connected conditions is denied.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions and development of his VA treatment records.

The Veteran's service-connected disabilities render him unemployable, and the Board finds that he is entitled to a TDIU based on his combined rating of 90 percent.

The Veteran's claim for increased ratings for his lumbar spine and lower extremity radiculopathy disabilities was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has found that the Veteran's claimed disabilities, including bilateral shoulder osteoarthritis, cervical radiculopathy, heart condition (presumably ischemic heart disease), eczema, hypertension, and diabetes mellitus, were not incurred in or aggravated by active service. The VA medical opinions provided less than 50% probability for a nexus between the Veteran's current disabilities and his military service.

The Board has determined that the Veteran's arthritis and peripheral neuropathy are related to his service, with doubt resolved in his favor.

The Board has granted service connection for the Veteran's low back disability and found that it is related to his in-service injuries. The issues of effective dates, initial ratings, and service connection for other conditions are remanded.

The Board has granted service connection for a left lower extremity disability, cervical spine disability, and variously diagnosed psychiatric disorder secondary to the Veteran's service-connected lumbosacral strain with spondylosis.