Neck / cervical spine decisions — 2015

The Board has reopened the Veteran's claim for service connection for depression but denied all other claims due to lack of evidence linking the claimed conditions to his military service.

The Veteran's initial claim for a compensable rating prior to February 26, 2010 was denied. From that date forward, his claim for an increased rating was also denied.

The Board has determined that the Veteran's cervical spine and left shoulder disabilities are related to service, granting service connection for both conditions.

The Board has granted service connection for residuals of a shell fragment wound to the neck, which is considered secondary to the Veteran's low back condition and cervical spine condition. The remaining issues on appeal are deferred pending further development.

The Board has denied the Veteran's claims for service connection for various conditions, including a right ankle disability, sleep disorder secondary to PTSD, GERD and gastrointestinal issues secondary to PTSD, erectile dysfunction secondary to PTSD, fibromyalgia secondary to PTSD, cervical spine disability, and loss of teeth #8 and #9. The primary issue is that the Veteran's claims are based on service connection for PTSD, which does not meet the criteria for direct service connection.

The Board has remanded the case for further development and consideration of the Veteran's service connection claims, including a new VA examination to address the relationship between his diagnosed neck and back disabilities and his military service.

The Board denied service connection for cervical spine disability with neurological involvement and bilateral hip disability, finding no evidence of a nexus between the conditions and service.,There is insufficient medical evidence to establish a direct link between the Veteran's current disabilities and his military service.

The Veteran's service-connected cervical spine degenerative joint disease (DJD) has been granted. The initial disability rating for major depressive disorder remains at 30 percent, and the increased disability rating for chronic cervical strain disability is set at 10 percent.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. The case will be processed again with the scheduling of a Travel Board hearing.

The Board has determined that the Veteran's current low back and cervical spine disorders are aggravated by his period of active duty service in Iraq. Therefore, service connection for these conditions is granted.

The Veteran's claim for service connection for right chronic Achilles tendonitis, cervical spine disability, acquired psychiatric disabilities (including PTSD, bipolar disorder, and depression), migraine headaches, radiculopathy, and thoracic outlet syndrome was granted with an effective date of September 28, 2009.

The Veteran's diabetes mellitus and its associated complications, as well as his acquired psychiatric disorder (depression and/or PTSD), have not been found to be related to service or exposure to herbicides.

The Board has determined that the Veteran's neck spur is not service-connected as it is considered part of his already service-connected multilevel cervical disc disease.

The Veteran's appeal is being remanded for additional development, including obtaining post-service medical records and providing new examinations to assess the severity of his disabilities.

The Veteran's appeal is remanded to the Agency of Original Jurisdiction (AOJ) for further development, including obtaining VA and private treatment records, annual leave reports from his employer, and a new VA examination. The claims will be reviewed after this additional development.

The Veteran's initial ratings for his back and neck disabilities prior to specific dates were denied. The Veteran was not granted a compensable rating for his left knee disability or bilateral foot disability.

The Veteran was unable to maintain substantial gainful employment from August 2006 to August 2007 due to service-connected disabilities, but has been able to obtain and maintain substantially gainful occupation since then.

The Veteran's claim for service connection for various conditions, including sinus disorder, TBI, dizziness, and disorders of the jaw and/or cheek, cervical spine, thoracic spine, right elbow, right wrist, left hip, and right hip, was denied. The Board found no chronic or recurrent sinus problems during service.

The Board found that the Veteran's cervical spine disability, to include degenerative disc disease, did not manifest during service or within one year of separation from service and is not attributable to an event in service. Therefore, service connection for this condition is denied.