Neck / cervical spine decisions — 2015

The Board has determined that additional development is needed for the issues of service connection for thoracolumbar spine disorder, cervical spine disorder, right shoulder disorder, and TMJ dysfunction. The case will be remanded to obtain relevant medical records, schedule VA examinations, and consider the claims based on the new evidence.

The Board found that the Veteran's current degenerative arthritis of the cervical spine did not have its clinical onset in service and is not otherwise related to active duty. The claim was denied as it could not be presumed to have been incurred therein.

The Veteran's claim for service connection for a pelvis disorder and unequal leg length was granted. However, the claims for increased ratings of his thoracolumbar spine strain, cervical spine strain, bilateral knee conditions, bilateral hip conditions, and bilateral hand tendonitis remain pending.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for bilateral hearing loss, lumbar spine disorder, lower extremity sciatica, cervical spine disorder, right upper extremity radiculopathy, and left upper extremity radiculopathy. The Veteran's current disabilities are found to be related to his active duty service.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining updated medical records. The issue of entitlement to TDIU will be reconsidered after the completion of these actions.

The Board denied the Veteran's claims of service connection for back, cervical spine, and bilateral knee disabilities. The claim for back disability was not reopened due to lack of new and material evidence. The cervical spine and bilateral knee disabilities were also not granted as they are not presumed to have been incurred in service.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine headaches, and bilateral carpel tunnel syndrome, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for a TDIU.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and issuing a statement of the case on several issues.

The Veteran's cervical spine disability is rated at 30 percent, but the Board found that this rating does not meet the criteria for a higher evaluation. The issue of increased evaluation remains denied.

The Veteran's claims for higher ratings for cervical spine disability and service connection for peripheral neuropathy of the lower extremities were denied. The Veteran was not granted any new or material evidence to reopen his claim for service connection for a neurological disorder of the right arm.

The Board has remanded the case for additional development, including obtaining VA treatment records and arranging for a VA examination to address the Veteran's claims.

The Board has determined that the Veteran's low back and cervical spine disabilities are not related to his service-connected right ankle disability or military service.

The Board has remanded the Veteran's claims for additional development, including obtaining VA and SSA records, scheduling a cervical spine examination, and providing an addendum to the November 2012 VA examiner's opinion.

The Board finds that the Veteran's cervical spine, thoracolumbar spine, and hip disabilities are related to her military service. The evidence is at least in equipoise regarding these claims.

The Veteran's service-connected conditions, including PTSD, cervical radiculopathy, and degenerative disc disease of the lumbar spine, are considered to have contributed substantially or materially to his death from pneumonia.

The Board denied the Veteran's claims for service connection for residuals of an injury to the cervical spine and residuals of injuries to the left and right hips, legs, and left knee. The examiner concluded that any current disabilities are not related to service.,The Veteran has a diagnosed condition of spastic diplegia (hereditary spastic diplegia), which is considered a congenital or hereditary disease.

The Board has determined that the Veteran's cervical and thoracic spine disorders are as likely as not aggravated by his service-connected lumbosacral strain.

The Veteran's claims for service connection for arthritis (other than spine), cervical disability, and a skin disability manifested by sores of the mouth and nose were denied as there is no competent evidence showing these conditions during her active duty or post-service. The Board found that she did not meet the threshold requirement to substantiate her claims.

The Board has granted TDIU and DEA eligibility effective October 16, 2009. The Veteran's service-connected disabilities are considered to be one disability for purposes of meeting the percentage rating requirements under 38 C.F.R. § 4.16(a).

The Board denied the Veteran's claims of service connection for various conditions, including asthma, lip cancer, cervical spine disability, generalized arthritis, right shoulder disability, left shoulder disability, peripheral neuropathy of the upper extremities, and sinus disability. The reasons given were that there was no evidence linking these conditions to active duty service.