Neck / cervical spine decisions — 2015

The Veteran's claim for an effective date prior to December 3, 2001 for service connection of cervical spondylosis was denied as the earliest date of receipt of a claim is considered the effective date.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of service connection for various conditions are pending.

The Veteran's claim for a compensable rating for erectile dysfunction was denied, but he was granted a total disability rating based on individual unemployability due to his service-connected disabilities. The decision also found that the Veteran is likely unable to secure or follow substantially gainful employment as a result of his service-connected conditions.

The Board has remanded the case due to insufficient rationale for a VA examiner's opinion regarding the Veteran's ability to work, and because of the need to obtain additional evidence including earnings history from Social Security.

The Board found that the Veteran does not have current diagnoses of cervical spine disorder, lumbar spine disorder, or bilateral hearing loss. The evidence did not establish service connection for these conditions.

The Board denied service connection for a cervical spine disorder and sinusitis, finding that the Veteran's current conditions did not have onset during his active service or were caused by his military service.

The Board has determined that the Veteran's cervical spine disability and radiculopathy of the bilateral upper extremities are etiologically related to his active service.

The Veteran's claims for service connection for various conditions, including diabetes mellitus, fingernail and toenail disabilities, an acquired psychiatric disability (including PTSD), a neck disability, a back disability, bilateral knee disability, sinusitis, and skin disability are denied. The Veteran is granted service connection for flat feet.

The Veteran's tinnitus was found to be incurred in service, and he is granted service connection for this condition. The increased rating claim for the cervical spine disability remains pending.

The Board has remanded the case due to the need for an addendum opinion regarding whether the Veteran's cervical spine disability is related to his service-connected lumbar spine disability, and if so, whether it is permanently worsened by that condition.

The Board has determined that the Veteran's cervical spine disability is not related to service and denied his claim for service connection. The right wrist and right knee disabilities are also denied as there is no clear evidence of their onset during service.

The Veteran's PTSD claim was denied, but he received a grant for his left foot injury. The claims of service connection for neck disability, left eye disability, and bilateral hearing loss were not addressed as they are not service-connected. Service connection was granted for ED secondary to PTSD and gastroesophageal reflux disease (GERD), hiatal hernia, and irritable bowel secondary to PTSD.

The Board has determined that the Veteran's current hearing loss, hypertension, cervical spine DJD, and lumbar spine DDD are not service-connected as they do not meet the criteria for service connection based on in-service noise exposure or other established medical evidence.

The Veteran's tinnitus and environmental allergies are found to be service-connected. The Board also finds that the Veteran has shoulder, cervical spine, and sinus disorders that are at least as likely as not related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private medical records, scheduling new examinations, and affording the Veteran a hearing if requested.

The Veteran's service-connected disabilities, when analyzed as a whole, prevent him from securing or following a substantially gainful occupation during the entire appeal period.

The Veteran's claims for service connection for bilateral hearing loss, right shoulder disability, neck disability, upper back disability, tinnitus, and PTSD were denied. The effective dates for the grants of service connection for PTSD and low back disability are not earlier than May 6, 2009, and September 22, 2009 respectively.

The Veteran's right knee nerve damage is found to be related to his military service, and the claim for service connection is granted. The remaining issues are addressed in the REMAND portion of the decision.

The Veteran's neck disability is being remanded for a new VA examination to determine its etiology. His low back disability is also being remanded for an updated rating and his TDIU claim remains pending.

The Veteran's PTSD is found to be related to his service, while the cervical spine disability is not shown to have been incurred in or aggravated by service.