Neck / cervical spine decisions — 2015

The Board has denied the Veteran's claims for service connection for low back, neck, bilateral knee, and acquired psychiatric disabilities due to a lack of evidence linking these conditions to his active military service.

The Veteran's claim for a cervical spine disability was denied. The claims for increased ratings for mood disorder, lumbosacral DDD, and radiculopathy of the right lower extremity were also denied.

The Board denied the Veteran's claims of service connection for residuals of a traumatic brain injury, sinusitis, and cervical spine condition. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's cervical spine and left shoulder/arm disabilities are being remanded for additional development, including obtaining medical opinions to determine if they are related to his service.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been granted. The claim for cervical spine disability is pending, as a VA examination is needed to determine if the current condition is related to service. The claim for erectile dysfunction (ED) remains pending due to insufficient evidence regarding its relationship with the service-connected low back disability.

The Board has determined that new and material evidence was received to reopen the Veteran's service connection claims for a back disability, cervical strain, and bilateral knee disabilities. The claim is now considered on its merits.

The Veteran's claim of service connection for cervical spondylosis is being remanded due to the need for a supplemental VA examination or opinion that properly considers all evidence of record, including a direct theory of entitlement.

The Board found that the Veteran's cervical spine disability is not causally related to his military service and denied his claim.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and is not due to a service-connected disability. The right ankle disability issue remains pending as it will be addressed in the REMAND portion of the decision.

The Board has remanded the case due to a scheduling error for a hearing before a Veterans Law Judge at the RO. The Veteran's current address needs to be determined and he will be notified of his scheduled hearing.

The Board denied the Veteran's claims for service connection of hypertension, sleep apnea, and a neck disability. The claim for hearing loss was also denied as it did not meet the criteria for a compensable rating. The Veteran's PTSD was rated at 50 percent from November 21, 2003, but his TDIU claim remains pending.

The Veteran's TDIU claim was granted effective May 1, 1997 due to the combined rating of his service-connected disabilities meeting the minimum criteria for entitlement to benefits. The DEA claim was granted effective May 5, 1994, when he first demonstrated a permanent and total disability.,The Veteran's unemployability is based on his service-connected lumbar, cervical, thoracic spine, bilateral joint degenerative arthritis, right elbow contracture with ulnar nerve compression symptoms, and multiple joint chondromalacia. The VA examinations and private rehabilitation counselors' statements support the conclusion that he cannot secure or follow a substantially gainful occupation due to these disabilities.

The Veteran's claim for concurrent receipt of VA disability compensation and military retirement pay from June 24, 1993, through January 2004 was denied as there is no legal basis to award the Veteran such benefits.

The Board has remanded the case due to inadequate medical opinions in previous decisions. The Veteran's claims for service connection and secondary service connection are now pending.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and providing VA examinations to address the nature, extent, and etiology of his claimed conditions.

The Board has determined that the Veteran's current bilateral tinnitus is related to noise exposure during service, and thus grants service connection for this condition. The other issues are addressed in the REMAND portion of the decision.

The Board has remanded the case for further development, including obtaining VA and SSA records, scheduling a VA examination, and ensuring compliance with previous remand directives.

The Board has determined that the Veteran's upper and low back disabilities are service-connected, with the opinion of a VA physician supporting this determination.

The Veteran's cervical spine disability is currently rated at 30 percent, and he is granted a TDIU effective from May 19, 2004.

The Board has remanded the case due to an inadequate VA examination, and now requires a new opinion on whether the Veteran's nonservice-connected cervical spine disability is aggravated by his service-connected lumbar spine disability.