Neck / cervical spine decisions — 2015

The Board has determined that the Veteran's back and neck disabilities are not related to his active service, including a reported jeep accident in Vietnam. As such, the claims for service connection have been denied.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for total disability rating based on individual unemployability. The claims for increased ratings for lumbar strain, PTSD, and right wrist were withdrawn by the Veteran during his hearing.

The Veteran's appeal has been withdrawn for the issues of entitlement to service connection for a cervical spine injury and right ear hearing loss.

The Board has determined that the Veteran's intervertebral disc disease of the cervical spine and right arm neuropathy and myopathy are related to his military service. The lumbosacral degenerative disc disease and degenerative joint disease status post-surgery with residual scars have also been granted as a direct result of service connection.

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

The Board denied service connection for cervical spine disorder, lumbar spine disorder, right knee disorder, left knee disorder, right shoulder disability, and left shoulder disability. The diagnoses were not related to service or the presumption of in-service exposure.

The Veteran's service-connected disabilities, including his mood disorder and multiple spine and nerve conditions, have rendered him unable to maintain substantially gainful employment since September 14, 2010. A total rating for compensation purposes based on individual unemployability is granted.

The Board has ordered a remand to obtain additional medical records and conduct further examination and opinion regarding the Veteran's claim for service connection for residuals of a cervical spine injury. The case will be readjudicated following these actions.

The Board denied service connection for pes planus, left shoulder disability, and neck disability as the Veteran's current conditions are not shown to be related to his military service.

The Board denied service connection for a sleep disability, degenerative disc disease of the cervical spine, and gastrointestinal disability. The Veteran appealed these denials to the Court.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, as well as any outstanding SSA records. The AOJ will issue an SSOC on the issues of service connection for xerosis cutis, higher ratings for right elbow supination/pronation impairment, left elbow supination/pronation impairment, scars (x3) status post-right knee surgery, carpal tunnel syndrome of the right wrist, entitlement to a TDIU rating, and waiver of recovery of an overpayment of disability compensation benefits.

The Board has determined that the Veteran's bilateral shoulder condition, including cervical radiculopathy and neuritis, is secondary to his service-connected cervical spine disability. As a result, the claim for service connection is granted.

The Board has granted service connection for cervical spondylosis with foraminal stenosis and for rotator cuff tendonitis and subsequent osteoarthritis of the left shoulder. The claim for respiratory disability, to include COPD, was withdrawn by the Veteran.

The Veteran's claims for higher initial ratings for cervical and thoracolumbar strain have been granted, with a rating of 20 percent each. The claim for service connection for an acquired psychiatric disorder is pending, as are the TDIU claims.

The Board denied the Veteran's claims to reopen his service connection for cervical and lumbar spine disorders due to lack of new and material evidence.

The Veteran's bilateral hearing loss disability is found to have originated during his period of active duty and service connection is granted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of service connection for cervical spine and lumbar spine conditions. However, the claim remains denied as there is no competent medical evidence linking these conditions to service or any incident therein.

The Board has remanded the claims for additional development due to difficulties in contacting the Veteran and obtaining a VA examination. The Veteran is seeking service connection for cervical and lumbosacral spine disabilities.

The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that it was not incurred in or aggravated by service and is neither caused nor aggravated by his service-connected left shoulder instability and bilateral knee disorders.

The Veteran's combined rating for his service-connected disabilities is at least 100 percent from October 1, 2009. The Board granted a TDIU based on the severity of his service-connected disabilities.