Neck / cervical spine decisions — 2015

The Veteran's service-connected disabilities, including degenerative intervertebral disc disease of the lumbar spine and cervical spine, as well as other conditions, have been considered. The claim for a compensable rating for residuals of a left elbow injury is granted, with an effective date to be determined based on further review. Service connection for varicose veins was denied previously. Compensation under 38 U.S.C. § 1151 for dental issues has also been addressed.

The Veteran's service-connected disabilities do not render him unable to maintain gainful employment, and therefore his claim for a TDIU is denied.

The Board has determined that the Veteran's claims for service connection for hypertension, neck disability and increased evaluation for residuals of left ankle sprain are being reopened. The issues have been remanded to ensure proper development.

The Board has denied the Veteran's claims for service connection for neck and back disabilities, as well as his claim to reopen a previously denied claim of entitlement to service connection for hypertension on a secondary basis.

The Board has determined that there was clear and unmistakable error in the March 1998 rating decision, which denied service connection for a cervical spine disability. The effective date is set at May 29, 1997.

The Veteran's migraine headaches are characterized by at least prostrating attacks averaging one in two months over the last several months, warranting a 10 percent disability evaluation.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation beginning November 1, 2006.

The Board has reopened the claims of service connection for neck and jaw disabilities, finding new and material evidence. The claim for service connection for a neck disability is granted as it relates to an in-service injury from a helicopter accident resulting in spinal cord trauma. The claim for service connection for a jaw disability remains pending due to lack of current evidence.

The Veteran's claim for TDIU was received by VA on January 3, 2013. The effective date of the grant of TDIU is set at this date as there is no evidence showing that it was factually ascertainable that TDIU was warranted in the year prior to the date of claim.

The Board has remanded the case for additional development, including a supplemental opinion from the VA examiner regarding the Veteran's neck disability and its relation to his active duty service.

The Board found that the Veteran's current spinal condition is more likely due to aging and post-service injuries, rather than service connection.

The Veteran's lumbar spinal stenosis and cervical spine disability are rated at 20 percent each, effective from the date of service connection. The TDIU issue remains pending.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA medical records and providing the Veteran with a VA examination to determine if he has any service-connected disabilities or if they are related to service.

The Veteran's claims for service connection for a stomach disorder, increased rating for right ankle disability, and initial ratings for degenerative arthritis of the shoulders and knees were denied. The reduction in evaluation for chronic lumbar strain with degenerative joint disease was also found to be improper.

The Veteran's appeal on the issues of entitlement to a rating in excess of 60 percent for Wolf-Parkinson-White syndrome and whether new and material evidence had been received to reopen claims of service connection for a neck disability and left ovarian/pelvic pain has been withdrawn. The remaining appeals are addressed below.

The Veteran's appeal is being remanded due to the need for a Board hearing and issuance of a statement of the case for certain claims.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and considering all evidence of record.

The Veteran's appeal is being remanded for a new VA spine examination to determine the severity of any neurological abnormalities related to his service-connected cervical spine disability.

The Board has determined that the Veteran's claimed cervical spine and lumbar paravertebral myositis disabilities are not service-connected, as they do not meet the criteria for direct service connection.

The Veteran's claim for service connection for cervical spine disability and associated residuals is being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.