Neck / cervical spine decisions — 2015

The Board has determined that there are no separate neurological manifestations involving either upper or lower extremities associated with the Veteran's service-connected cervical and lumbar spine disabilities, respectively.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of entitlement to service connection for left shoulder and cervical spine disabilities. The reopened claims are addressed in the Remand section.

The Veteran's appeal is being remanded due to the need for a local hearing with a Decision Review Officer (DRO). The claims of service connection for TBI, cervical spine issues, and facial injuries are pending.

The Veteran's appeal involves reopening of previously denied claims for service connection due to exposure to contaminated water while stationed at Camp Lejeune. The Board has ordered additional development including obtaining VA treatment records and Social Security Administration (SSA) records, as well as scheduling a VA examination.

The Board has remanded the cases for issuance of a statement of the case as to whether new and material evidence has been received to reopen a claim of service connection for a cervical spine disability, entitlement to service connection for a left knee disability, entitlement to service connection for a traumatic brain injury with residual headaches, and entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance of another person or on account of being housebound.

The Board denied the Veteran's claims for service connection of hypertension, sleep apnea, and a neck disability. The claim for bilateral 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 cervical spine disability was rated at 20 percent prior to August 15, 2013 and increased to 20 percent thereafter. The Veteran's radiculopathy of the right upper extremity is not more than mild in nature.

The Board has remanded the case for additional development, including obtaining VA examinations and etiological opinions. The Veteran's claims of service connection for a bilateral shoulder disability, right hand disability (to include as secondary to neck disability), and neck disability are being reviewed.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's cervical spine disorder and a need for further development.

The Veteran's appeal for the issue of whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for hearing loss in the right ear was withdrawn prior to the Board's decision. The remaining issues are remanded for further development.

The Board has reopened the claim for service connection for a neck disability and granted it. The Veteran's fibromyalgia was also granted as service connected on a presumptive basis due to her Persian Gulf service.

The Veteran's claims for service connection for lumbar and cervical spine disorders, as well as a higher rating for her bilateral pes planus with plantar fasciitis, are being remanded due to the need for additional development including obtaining medical records and scheduling VA examinations.

The Board finds that the Veteran does not have a current cervical or lumbar spine disability that is related to service. The VA examiner opined that the Veteran's current neck and back conditions are not caused by or a result of service.

The Veteran's service-connected cervical and lumbar spine disabilities are each rated at 20 percent, but the Board finds that these ratings do not meet or more nearly approximate the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the criteria for TDIU.

The Veteran's cervical spine disorder and right upper extremity radiculopathy were not incurred in or aggravated by service, may not be presumed to have been incurred in or aggravated by service, and are not proximately due to, the result of, or aggravated by any service-connected disability.

The Board found that the Veteran's left foot, right elbow, and cervical spine disabilities did not have their onset during service or are otherwise related to service. The preponderance of evidence is against these claims.

The Veteran's original claims for service connection were not received by VA prior to March 1, 2010. The effective date for the grants of service connection for PTSD; cervical spondylosis with neck myelopathy/radiculopathy; left upper extremity peripheral neuropathy/radiculopathy; scar, residuals, shrapnel fragment wound, neck; linear scar inferior to the left patella; and curvilinear left medial knee scar disabilities is denied.,The effective date for the grant of service connection for right foot drop is granted as March 1, 2010. The appeal period had not ended when the information concerning right foot drop compensation was specifically raised by the Veteran.

The Board has remanded the case for additional development, including obtaining VA and private medical records, securing SSA disability benefits records, and scheduling a VA examination to assess the nature and etiology of the Veteran's claimed disabilities.

The Board has determined that the Veteran's lumbar spine and neck disabilities were not incurred or aggravated by service, and arthritis was not shown within one year of separation. The claims are therefore denied.