Neck / cervical spine decisions — 2015

The Veteran claims service connection for a cervical spine disorder, which he contends developed from an in-service fall. He also asserts that his current condition is secondary to his service-connected lumbar spine disability. The Board has remanded the case for additional development.

The Veteran's claims for higher initial ratings for chronic sinusitis and left L5-S1 radiculopathy were granted. Service connection was denied for a cervical spine disability, left thoracic outlet syndrome, right thoracic outlet syndrome, left carpal tunnel syndrome, right carpal tunnel syndrome, and fibromyalgia.

The Board has remanded the case due to inadequate notification of VA examinations for lumbar and cervical spine conditions. The Veteran's claims for service connection and increased rating are now before the AOJ for further development.

The Veteran's service-connected disabilities do not meet the criteria for eligibility to purchase an automobile and adaptive equipment due to loss of use in hands or feet.

The Veteran's cervical spine disability did not meet the criteria for a higher rating prior to June 4, 2014.

The Veteran's claim of service connection for PTSD was denied in May 2007 and is not reopened. The Veteran's lumbosacral spine disability, headaches, and associated radiculopathy are rated at the maximum allowable under VA regulations.

The Board has determined that the Veteran does not have a cervical spine disability caused or aggravated by his service-connected lumbar spine disability.

The Board has remanded the appellant's claims for TDIU and special monthly compensation due to additional evidence being needed, including VA clinical records and a social and industrial survey. The issues are inextricably intertwined with a pending claim of service connection for depression.

The Board has granted service connection for a low back disability with bilateral radiculopathy, finding that the Veteran's symptoms had their onset in service. The heart disorder and neck disability claims are remanded as additional medical opinions are needed to determine their relationship to service. Right and left foot disabilities are also remanded.

The Board has remanded the case to the AOJ for scheduling a videoconference hearing due to the Veteran's request. The appeal is not resolved on its merits.

The Board has determined that the Veteran's claims have been denied as his appeals do not involve service connection issues, but rather focus on rating determinations and effective dates. The specific issues are related to increased ratings for various conditions and effective date determinations.

The Board has reopened the claim of entitlement to service connection for a neck condition and has granted service connection on the merits, finding that the Veteran's current neck condition is related to his in-service injury during active duty.

The Board found that the Veteran's neck and low back disabilities are not service-connected as they did not have their onset during active duty, or were otherwise etiologically related to an in-service injury, disease, or event.

The Board has reopened the Veteran's claims of entitlement to service connection for lumbar and cervical spine disorders, but not for a left shoulder disorder. The evidence submitted since the March 2009 decision raises a reasonable possibility of substantiating these claims, while the evidence does not raise such a possibility for the left shoulder disorder.

The Board has remanded the cases for issuance of a statement of the case on whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea and the issue of entitlement to service connection for a neck disability.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral shoulder disability, thyroid disability, neck disability, or bilateral wrist and knee disabilities. The claims for service connection for these conditions are denied.

The Veteran's service-connected disabilities, including cervical spine degenerative disc disease without myelopathy, shell fragment wound (SFW) residuals affecting the neck, right shoulder and chest, and posttraumatic stress disorder (PTSD), preclude him from securing or following a substantially gainful occupation. As such, his TDIU claim is granted.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the obtaining of relevant medical records.

The Veteran's appeal is being remanded to schedule him for a videoconference hearing before a Veterans Law Judge at the earliest opportunity. If he fails to appear, his pending hearing requests will be withdrawn.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.