Neck / cervical spine decisions — 2015

The Board has determined that the appellant does not have a current lower back disability and thus, service connection for this condition is denied. The VA examinations are needed to determine appropriate evaluations for PTSD, left shoulder separation with bursitis, and mild anterolisthesis of the cervical segment of the spine.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the nature and etiology of his claimed disabilities.

The Veteran's cervical spine arthritis resulted in functional impairment comparable to forward flexion limited to 15 degrees or less on and after July 26, 2006. His left cervical radiculopathy was rated at 20 percent from May 10, 2012, to September 29, 2013, and at 30 percent thereafter.

The Board has granted service connection for erectile dysfunction, finding it at least as likely as not caused by the Veteran's service-connected PTSD and/or medications used to treat PTSD. The claim of entitlement to an increased evaluation for DJD of the thoracolumbar spine remains in remand status due to inadequate VA examination.

The Board has decided to remand the case for additional development, including obtaining missing service treatment records and scheduling VA examinations.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining relevant SSA records and verifying herbicide exposure. A VA examination is also needed to determine if current disabilities are related to service.

The Veteran's service-connected disabilities (headaches and cervical spine disability) are being reviewed to determine if they warrant special monthly compensation based on aid and attendance or housebound status. Additional evidence is needed, including a VA examination and any relevant medical records.

The Veteran's service-connected disabilities, when considered together, render her unable to secure or maintain substantially gainful employment.

The Board has determined that the Veteran does not have a neck disability that is related to his military service and therefore denied his claim for service connection.

The Veteran's cervical spine disability is related to service and the Board has granted service connection. The claim for hypertension remains pending as there are no conclusive findings or opinions regarding its etiology.

The Veteran's joint aches, osteoarthritis of the cervical and lumbar spine, degenerative changes of the right shoulder, and polyarthralgias were not incurred or aggravated in service. The Board found insufficient clinical, laboratory, or radiographic evidence to support these conditions.

The Veteran withdrew her appeal regarding several rating and effective date claims, including for major depressive disorder with anxiety disorder, left thoracic outlet syndrome, removal of middle and anterior scalene muscles, status post resection cervical and first thoracic ribs, residual scar, and service connection.

The Board has granted reopening of the previously denied claims for service connection for hypertension, left and right knee disabilities, bilateral pes planus, bilateral plantar fasciitis, and neck disability. The evidence submitted since the last denial supports a finding that these conditions were incurred in or are related to service.

The Veteran's combined rating is 90 percent, with service-connected disabilities rated as 80 percent for the left hand and arm, 20 percent each for the knees and feet, and 10 percent for right hernial nerve palsy. The Board finds that no effective function remains in the left hand, arm, foot or leg other than what would be equally well served by an amputation with use of a suitable prosthetic appliance.,The Veteran is found to need aid and attendance due to service-connected disabilities.

The Veteran's service-connected disabilities do not meet the criteria for a higher rating or TDIU, as his combined disability rating is below the threshold required and he has been able to maintain employment despite his physical disabilities.

The Veteran's appeal is being remanded due to the need for hearings as requested. The claims will be returned to the Board after these hearings are conducted.

The Veteran's claim for increased rating of migraine headaches has been granted with a maximum rating of 50 percent. The claims for service connection for cervical spine disability and left arm disability have been reopened, but the Board finds that new evidence does not establish a relationship between these disabilities and active service.

The Veteran's cervical spine disability was initially rated at 10 percent since July 31, 2002. The rating has been maintained due to the lack of evidence showing more than slight limitation of motion.

The Veteran's appeal is being remanded for additional development, including obtaining workers' compensation records and arranging for a VA examination to assess the severity of his cervical strain with headaches and herniated cervical disks.

The Board has remanded the case for additional development, including scheduling a VA examination to assess the etiology of the Veteran's headaches and neck disabilities. The Veteran is also in receipt of service-connected benefits for his right shoulder disability.