Neck / cervical spine decisions — 2015

The Veteran's claims for service connection were denied as there was no evidence of a cervical hernia, right shoulder rotator cuff tendonitis, or degenerative disc disease of the lumbar spine in service. The Veteran's PTSD and right shoulder rotator cuff tendonitis were granted with effective dates based on information available at the time of his original claims within one year of discharge.

The Veteran is seeking an effective date earlier than March 1, 2010 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities. The Board has determined that additional development is needed and the case is being remanded.

The Veteran's cervical spine disability was evaluated at a 10 percent rating prior to February 1, 2012. From February 1, 2012 to March 20, 2013, the disability was rated at 20 percent.

The Veteran's appeal was withdrawn regarding the claim for cerebral concussion. The claims of service connection for a neck disability, to include cervical spine arthritis, and for a laceration of the face and mouth were reopened due to new evidence received since the March 2011 rating decision. Service connection is granted for these conditions.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to the need for further development, including a VA examination.

The Board found no evidence linking the Veteran's bilateral carpal tunnel syndrome or cervical spine disorder to her periods of active duty service. The preponderance of the evidence is against these claims.

The Board has determined that the reduction of the Veteran's hyperparathyroidism rating from 60 percent to noncompensable was proper, but denied service connection for a back disorder. The Court vacated this decision and remanded both issues for further development.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by military service.,The Veteran's service-connected disabilities, including schizophrenia and hemorrhoids, do not necessitate the care or assistance of another person on a regular basis to attend to the activities of daily living.

The Board has remanded the Veteran's claims due to incomplete development, including obtaining a Statement of the Case for issues related to service connection and rating decisions. Additionally, additional records are needed from Social Security Administration (SSA) and a VA examination is required.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to an injury sustained in service, thus granting service connection for these conditions.

The Board has reopened the Veteran's claims for service connection for hepatitis C, liver cancer, a lumbar spine disability, a cervical spine disability, a bladder disability, peripheral neuropathy of bilateral lower extremities, tinnitus, and bilateral hearing loss. The appeals are granted.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the period from June 5, 2009, to April 25, 2013. The Board granted entitlement to Total Disability Rating due to Individual Unemployability (TDIU) during this timeframe.

The Board has remanded the case due to issues related to service connection for a back disability. The Veteran's claim for cervical spine strain was denied, and his claim for back disability is still pending.

The Veteran's appeal is remanded due to the need for additional development, including a neurological examination to determine the nature and etiology of any numbness or small fiber peripheral neuropathy associated with his service-connected cervical spine disability.

The Board has remanded the claims due to incomplete development and need for additional medical opinions.

The Veteran's current cervical spine disorder was not incurred in service and is not related to his service-connected left knee disability. The Board finds that the evidence does not support a finding of a nexus between the Veteran's current condition and his active duty service.

The Veteran's cervical strain was not found to meet the criteria for a compensable rating between June 1, 2005 and April 20, 2010.

The Board has determined that the appellant does not have a current diagnosis of a back, neck, or bilateral leg disability and therefore service connection for these conditions is denied.

The Board has reopened the claim and granted service connection for a neck disability, finding that there is sufficient evidence to support the current diagnosis of cervical spine degenerative joint disease, facet syndrome, spondylo myelopathy, muscle spasm, and genetic torsion dystonia. The onset of these disabilities is believed to have occurred during service.

The Veteran's cervical spine disability is rated at 40 percent, effective from the date of this decision. The rating reflects functional equivalent to unfavorable ankylosis of the entire cervical spine.