Neck / cervical spine decisions — 2015

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are secondary to his service-connected thoracic strain with degenerative disc disease, and thus grants these claims.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to address the nature and etiology of his claimed back, neck, and shoulder disabilities.

The Board has granted service connection for the Veteran's cervical and lumbar spine disabilities, finding that these conditions are at least as likely as not related to his active service.

The Board has remanded the case for a new medical examination to address whether the Veteran's service-connected lumbar spine disability caused or aggravated his cervical spine disability, including due to overcompensation or other postural issues resulting from the lumbar spine disability. The examiner must consider the effects of push-ups and heavy lifting during service on the Veteran's cervical spine.

The Veteran's cervical spine disability was granted a 20 percent rating effective September 13, 2011. A separate 20 percent rating for left upper extremity neurological impairment was also granted.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the case as he is no longer alive.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are not related to his active service, and thus denied his claims for service connection.

The Veteran's appeal is being remanded for additional development to obtain outstanding VA and private treatment records, as well as a VA examination to assess the severity of his service-connected left ankle disability. The claims will be readjudicated after this additional development.

The Board has remanded the case for additional development to determine if the Veteran's hearing loss, neck disability, and back disability are related to his service in the United States Army National Guard.

The Veteran's left knee disability, including instability and meniscal tear with degenerative joint disease, warrants a 10 percent rating since March 2006. A separate 10 percent rating is granted for left knee instability from October 14, 2009 to December 3, 2013.

The Board has received additional private treatment records and the Veteran's lay statement, which have not been reviewed by the RO. The case is being remanded to allow for a de novo review of these documents.

The Veteran withdrew her appeals for increased ratings of neck, right knee, and low back disabilities during the September 2014 Board hearing. The case is dismissed as a result.

The Veteran's cervical spine disability, which manifests in forward flexion of the cervical spine approximating 30 degrees and abnormal spinal contour, is currently rated as 20 percent disabling.

The Veteran's cervical strain with mild degenerative changes at C4-5 and C5-6, lumbar strain, right shoulder degenerative joint disease with partial supraspinatus tear, and right carpal tunnel syndrome are each rated as 20 percent disabling effective May 20, 2014.

The Board has remanded the case for further development, including obtaining VA treatment records and a medical opinion regarding the presence of arthritis in the Veteran's cervical spine. The Veteran is also asked to provide authorization for release of any private treatment records.

The Veteran's appeal is being remanded due to his failure to report for scheduled VA examinations and the need to reschedule them. Additionally, a supplemental statement of the case must be issued as part of this process.

The Veteran's service-connected thoracolumbar degenerative arthritis, cervical spine disability, left knee mild degenerative changes, and right knee chondromalacia have resulted in a TDIU effective June 2, 2009. The RO reduced the rating for his thoracic spine disability from 40 percent to 10 percent effective January 20, 2010, but this reduction was not proper.

The Veteran's claims for effective dates prior to July 12, 2010 for the awards of service connection for lumbar and cervical spine degenerative disc disease are denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate examinations to determine the current severity of his service-connected cervical spine disability. The issue of entitlement to TDIU based on the provisions of 38 C.F.R. § 4.16 has also been reasonably raised by the record but has not been considered.