Neck / cervical spine decisions — 2015

The Board has remanded the claims for further development due to inadequate addendum opinions and a need for additional medical examination.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's right leg fracture residuals did not meet the criteria for an evaluation in excess of 10 percent prior to July 13, 2013.

The Veteran's service-connected disabilities do not render him unemployable, as his limited range of motion is attributed to nonservice-connected lung cancer and post-surgical treatment.

The Board has determined that the Veteran's current cervical spine, lumbar spine, and right wrist disorders are not related to his active service. The Veteran's claims for these conditions have been denied.

The Veteran's cervical stenosis and spondylosis, status-post C3 to C6 discectomy and fusion, are currently rated at 40 percent due to ankylosis of the cervical spine in extension. The scar of the right anterior neck is rated at 10 percent.

The Board dismissed the claims of service connection for lumbar and cervical spine disorders due to a lack of evidence showing their onset during military service, and because the Veteran had filed a timely appeal on these issues. The CUE claims regarding the September 30, 2008 rating decisions are now moot.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for OSA, gout, or DDD of the cervical spine. However, the Veteran was granted an increased rating for radiculopathy affecting the right hand.

The Veteran's neck disability is being remanded for additional development to determine its etiology and whether it is related to his military service.

The Veteran's appeal is remanded due to the need for a VA examination and additional development of his claims, including obtaining private treatment records. The case will be reviewed again after these actions are completed.

The Veteran's appeal is being remanded for additional development, including obtaining VA vocational rehabilitation records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board has granted a 20 percent rating for the Veteran's service-connected right shoulder disability. The claim of service connection for cervical dysplasia, endometriosis, polycystic ovary syndrome, headaches, lymph node disorder, and skin disorder (abscesses and cellulitis) on the chin and above the eye has been granted.

The Board denied the Veteran's claims for service connection and increased ratings, finding that his lumbar degenerative joint and disc disease was rated appropriately at 20 percent. The issues of cervical spine, left shoulder, and right shoulder disabilities were also denied.

The Board found that there is no evidence to support a direct or secondary relationship between the Veteran's cervical spine disorder and his military service, including as related to his service-connected right ankle and left hip disabilities.

The Board has determined that the Veteran does not have a current disability of right ear hearing loss for VA purposes and therefore, service connection is denied.

The Veteran does not have a diagnosed cervical spine disorder, and the Board finds that service connection for this condition is denied.

The case is being remanded for additional development, including obtaining unit records and a VA examination to address the Veteran's back, knee, and psychiatric claims.

The Board has found that there are missing components necessary to adjudicate the Veteran's appeals, including a Statement of the Case (SOC) and VA Form 9. The case is REMANDED for further development.

The Veteran's cervical spine degeneration has been rated as noncompensable prior to October 26, 2012, and 10 percent thereafter. He is also granted separate ratings for radiculopathy of the right and left upper extremities associated with his cervical spine disability.

The Veteran withdrew her claims of entitlement to service connection for residuals of a miscarriage, migraine headaches, and an acquired psychiatric disability (generalized anxiety disorder and major depressive disorder) prior to the Board's decision.