Neck / cervical spine decisions — 2015

The Board found that the Veteran's current cervical spine disorder is not related to her in-service neck pain and treatment, thus denying service connection for a cervical spine disability.

The Veteran's cervical spine disability is currently rated at 20 percent, effective July 13, 2013. The rating reflects the severity of his condition as per VA criteria.

The Board found that the Veteran's cervical spondylosis, claimed as nerve damage to the neck and extremities, was not incurred in or aggravated by service.

The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities, which render him unemployable. The Board grants a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the severity of his cervical spine disability, and scheduling an occupational/industrial specialist examination to determine if he is unemployable due to his service-connected disabilities.

The Board has ordered a remand due to the need for additional development, including an addendum opinion regarding whether the Veteran's cervical and thoracolumbar spine disabilities preexisted service or are otherwise etiologically related to his active military service.

The Veteran's claim for service connection for a right shoulder disability was reopened and granted. His claims for higher ratings for his lumbar spine and cervical spine disabilities, as well as the TDIU prior to August 1, 2008, are still pending.

The Veteran has withdrawn their appeals regarding the service connection for bilateral hearing loss, respiratory disability (asbestosis), and cervical spine disabilities. As a result, these issues are dismissed.

The Board found that the Veteran does not have a diagnosed psychiatric disability, including depression. The service connection claim for depression was denied as there is no evidence of a current disability.

The Board found that the Veteran's cervical spine disability did not meet or approximate criteria for a rating in excess of 20 percent prior to October 28, 2014.

The Veteran's appeal is being remanded for additional development to obtain medical opinions regarding the etiology of his claimed left knee, cervical spine, lumbar spine, and left shoulder disorders. The claims will be reviewed after these opinions are obtained.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of current disabilities or in-service incurrence.

The Veteran's appeal involves the recoupment of separation pay from his disability compensation payments. The case is being remanded for further review, including determining if any service-connected disabilities were compensable during his first period of service.

The Board has granted service connection for a cervical spine condition as secondary to the Veteran's service-connected jaw condition.

The Board found that the Veteran's cervical spine arthritis is not related to service or a service-connected disability, and therefore denied his claim for service connection.

The Board has granted service connection for a cervical spine disability and denied an increased initial rating for the Veteran's right shoulder disability.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support an evaluation in excess of 10 percent for degenerative joint disease of the cervical spine or a rating in excess of 10 percent for right shoulder strain.

The Veteran requested to withdraw all of his pending appeals, including those related to service connection for various conditions and disability ratings. As a result, the Board has dismissed the appeal.

The Board has granted a 40% rating for the Veteran's lumbar strain with IVDS effective June 24, 2009. The Veteran's radiculopathy of the right leg is also service connected as secondary to his low back disability.

The Veteran's claims for service connection were denied. The Board found no evidence of a current diagnosis of diabetes or glaucoma, and the left shoulder and neck disorders are not related to service.