Neck / cervical spine decisions — 2015

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and VA/VA-authorized treatment records.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted as there is no evidence of severe limitation of motion or ankylosis.

The Veteran's claims for higher initial ratings were denied across multiple conditions, with the Board finding that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board denied the Veteran's claims of entitlement to service connection for cervical spine disability, sleep apnea, and hypertension. The Board found that there was no clear and unmistakable evidence (CUE) that these conditions were preexisting disabilities.

The Veteran's combined disability rating does not meet the percentage requirements for a TDIU rating under 38 C.F.R. § 4.16(a). However, his unemployability due to service-connected thoracolumbar spine disability is supported by Social Security Administration (SSA) records. The case is REMANDED for referral to the Director, Compensation Service, for extraschedular consideration.

The Board denied service connection for menstrual disorders and cervical dysplasia, finding that the Veteran's current conditions are not related to her active duty in the Southwest Asia Theater of operations during the Persian Gulf War.

The Board has determined that the Veteran does not have a current diagnosis related to his cervical spine, and thus service connection for this condition is denied.

The Veteran's claim for service connection for a chronic lumbar spine disability was denied as there is no medical evidence showing the current condition is related to his active duty service.

The Board has denied the Veteran's claim of service connection for a right shoulder disability, finding that it is not related to his service-connected left shoulder and/or lumbar spine disabilities.

The Board denied service connection for a cervical spine disorder, finding no evidence of such condition during or within one year after service. The Veteran's current diagnosis is attributed to post-service treatment records.

The Board finds that the Appellant's preexisting neck injury was aggravated by his period of ACDUTRA, resulting in current cervical spine disorders and right upper extremity impairment.

The Veteran's appeal for increased ratings and service connection has been denied. The current evaluation of his cervical spine disability is 20 percent, which is the maximum schedular rating available.

The Veteran's cervical spine disability was granted a 20 percent rating, effective July 1983. The RO confirmed and continued this evaluation in October 2002. A September 2006 VA examination showed forward flexion of the cervical spine limited to 20 degrees with pain.

The Veteran's appeals for increased ratings and TDIU have been dismissed as the Veteran withdrew his appeal of these issues prior to a decision being made by the Board.

The Board has determined that the Veteran's cervical spine disorder and bilateral shoulder disorder were not incurred or aggravated during service, nor are they proximately due to a service-connected disability. The VA examinations and medical opinions provided sufficient evidence to support this conclusion.

The Board has determined that the Veteran's cervical spine disorder, including degenerative disc disease and stenosis, is at least as likely as not caused by his leg length discrepancy resulting from a service-connected right tibia fracture. As such, the claim for secondary service connection is granted.

The Veteran's cervical spine disability is rated at 20 percent, and the Board denied a higher rating. The case was remanded for further development due to referral for an extraschedular evaluation.

The Veteran's cervical spine and lumbar spine disabilities have not resulted in any incapacitating episodes, so they are evaluated under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as her range of motion has been stable throughout the appeal period.,For left lower extremity radiculopathy, the Veteran is already service-connected and no separate ratings are warranted due to lack of associated neurologic abnormalities in other extremities.

The Board has reopened the Veteran's claim for service connection for a right ankle disability and found that new and material evidence had been submitted. The knot on his forehead was also found to be service-connected. However, the reduction in rating for hemorrhoids is considered void ab initio due to lack of consideration of prior examinations or complaints of increased symptomatology. Other issues remain pending.

The Veteran withdrew her appeal regarding the claims of entitlement to service connection for neurology problems exclusive of fibromyalgia symptoms, bilateral hearing loss disability, and fibrocystic breast disease prior to the Board's decision.