Neck / cervical spine decisions — 2015

The Veteran's right chronic Achilles tendonitis is rated at 10 percent, the maximum available under Diagnostic Code 5271. Service connection for cervical spine arthritis and left upper extremity radiculopathy (due to cervical spine disability) are granted as they are related to service-connected conditions. Migraine headaches are also service connected. Thoracic outlet syndrome is not service connected due to lack of a nexus. Somatic symptom disorder and antisocial personality disorder are service connected, while borderline personality disorder is not.

The Board denied the Veteran's claims of service connection for left knee disorder, right knee disorder, and TMJ. The claim for a rating in excess of 20 percent for cervical spine stenosis was also denied as there is no evidence that the current neck disability warrants such a higher rating.

The Veteran's cervical strain is not service connected as it does not have a direct link to her active duty service. The Board finds that the Veteran has no current diagnosis for bilateral ankle disability, and thus cannot establish service connection for this issue.

The Veteran's lumbar and cervical spine disabilities are granted as service-connected.,Service connection is also granted for the right and left shoulder disabilities, but their disposition remains unknown.

The Board has determined that the Veteran does not have a current cervical spine disability or lumbar spine disability. The issue of service connection for bilateral hip disability was withdrawn by the Veteran.

The Veteran's claims for higher initial ratings for cervical spine degenerative disc disease, lumbar/thoracic spine disability, hiatal hernia with gastroesophageal reflux disease, and right foot plantar fasciitis were denied. The evidence did not meet the criteria for a compensable rating in any of these cases.

The Veteran's cervical spine disability is rated at 10 percent, and the Board finds that a higher rating is not warranted.,Service connection for GERD has been granted based on evidence showing it began during service.

The Board has remanded the case for a VA medical examination with an orthopedist to address whether the Veteran's service-connected bilateral plantar fasciitis with pes planus caused or aggravated his current ankle, knee, low back, and neck disabilities.

The Veteran's appeal is being remanded due to the need for a rescheduled hearing. The issues of entitlement to increased rating for Osgood Schlatter's disease in the right knee and service connection for lumbosacral or cervical strain are pending.

The Veteran's current GERD/dyspepsia, umbilical hernia, and right inguinal hernia were incurred during his military service.

The Veteran's claims for increased ratings have been denied as there is no current hearing loss disability and the maximum schedular rating available for tinnitus is 10 percent.

The Board has determined that additional development is needed to obtain the Veteran's complete service treatment records, including both active duty and National Guard records. The appeal will be remanded for further action.

The Board has determined that the Veteran's claimed disabilities are not related to his military service or a service-connected disability, and therefore, denied the claims for service connection.

The Veteran's combined disability rating was increased to 100 percent, effective January 20, 2012. The appellant is entitled to accrued benefits in excess of $9,038.00 due to the Veteran at his death.

The Veteran does not have a cervical spine disability or bilateral shoulder disability that is related to his service.,Service connection for the right lower extremity radiculopathy has been granted, but an evaluation in excess of 20 percent is denied.

The Board has determined that further development is needed to determine the nature and likely etiology of the Veteran's claimed thoracolumbar spine, cervical spine, bilateral hip, and bilateral knee disabilities. The case is therefore being remanded for appropriate VA examinations.

The Veteran's service-connected disabilities have precluded him from securing or following substantially gainful employment consistent with his education and occupational experience.

The Board has remanded the Veteran's claims of entitlement to service connection for lumbar and cervical spine disorders due to additional development being required.

The Veteran's cervical strain is currently manifested by forward flexion of the cervical spine limited to less than 15 degrees, without ankylosis, intervertebral disc syndrome with incapacitating episodes, or neurologic impairment. The criteria for a rating in excess of 30 percent have not been met.

The Veteran's appeal was granted, with service connection established for his thoracolumbar spine disorder and respiratory disorder. The initial rating for degenerative arthritis of the cervical spine is 10 percent prior to September 1, 2010 and 20 percent from that date. A separate increased 20 percent (but no higher) rating was assigned for right upper extremity radiculopathy associated with cervical spine degenerative arthritis from June 20, 2006 to February 5, 2015, followed by a separate 40 percent (but no higher) rating thereafter.