Neck / cervical spine decisions — 2015

The Veteran's appeal was granted, with a rating of 30 percent for cervical spine IVDS with arthritis and associated left upper extremity radiculopathy. Effective dates were established for the service connection awards.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to service, while his knee, hip, low back, and cervical spine disorders are related to service. The Veteran's claims for these conditions were denied.

The Board has remanded the Veteran's claims for sinusitis, cervical spine degenerative joint disease prior to August 12, 2009, and cervical spine degenerative joint disease from March 19, 2010. The remaining issues of service connection for thoracolumbar spine degenerative joint disease and increased ratings for cervical spine degenerative joint disease are also remanded.

The Board has remanded the claim due to the need for additional development, including obtaining service personnel records and STRs from the Veteran's earlier period of service in 1975. The claim will be reconsidered after this additional evidence is obtained.

The Board has denied the Veteran's claims for service connection for a left foot condition, back disability, left shoulder disability, and neck disability. The Veteran does not have a current diagnosis of these conditions.

The Veteran's claim for service connection for neuropathy of the right arm associated with her cervical spine disorder was granted, effective January 8, 2008.

The Board has determined that the appellant does not have any service-connected disabilities, and therefore, her claims for service connection are denied.

The Veteran's increased rating claims for cervical spine disability and IBS are being remanded due to the need for new examinations and additional development.

The Board has determined that the Veteran does not have a current right ear hearing loss disability, and his service-connected right pterygium residuals do not meet the criteria for an initial compensable rating. The claims of service connection for right knee and right foot injuries are denied as there is no evidence of such conditions during active duty or within one year after discharge.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The Board has remanded the case for additional development, including obtaining VA treatment records and a VA examination to determine the nature and etiology of the Veteran's cervical spine disability and current severity of his lumbar spine disability. The appeal will be readjudicated based on all evidence.

The Veteran's service connection claim for renal cell carcinoma with metastatic disease of the left upper lung, parotid glands, right adrenal gland, and the right cervical area was granted. His initial rating for coronary artery disease was increased to 30 percent effective from August 31, 2010.

The Board denied the Veteran's claims for service connection and increased ratings, finding that his lumbar spine disability did not warrant a rating in excess of 40 percent, and denying separate ratings for radiculopathy. The left ankle sprain was also found to have moderate limitation of motion.

The Veteran's claims for increased ratings for cervical spine disability, left and right upper extremity radiculopathy were denied as his conditions did not warrant a higher rating based on the current evidence of record.

The Veteran's combined evaluation for compensation prior to July 2, 2013 is 60 percent (with no single disorder rated 40 percent). This falls short of the requirements for eligibility for scheduler TDIU. However, the Board finds that referral to the Director of Compensation and Pension Service is warranted for consideration of extraschedular entitlement to a TDIU.

The Veteran's PTSD is service-connected based on in-service stressors. The neck disability is not service-connected as there is no evidence of a chronic condition related to the in-service injury.

The Board has determined that the Veteran's cervical spine disorder is service-connected, but his lumbar spine disorder cannot be linked to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a new VA examination to assess his cervical spine disability and any associated neurologic abnormalities.

The Veteran's claims are being remanded due to the need for a videoconference hearing. The issues include increased ratings for cervical and lumbosacral conditions, service connection for degenerative lumbosacral spondylosis, and service connection for a right shoulder disability.

The Veteran's claim for an earlier effective date for a separate rating for left upper extremity radiculopathy is denied as the evidence does not show that a compensable rating was warranted prior to February 24, 2011.,The Veteran's claim for increased ratings for his left ankle disability and left foot disability are denied as there is no evidence of moderate or marked limitation of motion within one year prior to the date of receipt of his claim.