Neck / cervical spine decisions — 2015

The Board denied the Veteran's claims for cervical and lumbar spine disabilities in November 2006, but reopened them with new evidence received since then.,Service connection was not established for cervical stenosis with disc protrusions and cord compression or lumbar spine congenital canal stenosis with intervertebral disc syndrome and nerve root impingement.

The Veteran's appeal involves multiple issues including increased ratings for cervical spine spondylosis and service connection for a psychiatric disorder. The Board has determined that additional development is needed, particularly in the form of VA examinations to assess the severity of his service-connected conditions and whether he can obtain substantially gainful employment due to his disabilities.

The Veteran withdrew his appeal, and the Board dismissed it.

The Veteran's claim for an initial compensable rating for post-surgical scars on the lumbar spine was denied. The cervical spine disability and major depression claims were not granted.,The Veteran's service-connected disabilities do not preclude a return to substantially gainful employment.

The Veteran's claims for service connection are being remanded due to the need for additional evidence, including service personnel records and VA treatment records. The Veteran also needs a VA audiological examination to determine if his hearing loss is related to service.

Service connection was established for PTSD and a noncompensable rating was assigned.,A compensable rating of 50 percent for PTSD was granted effective August 31, 2010.,The Veteran's fractured 2nd toe, right foot received a noncompensable rating prior to February 12, 2013 and a 10 percent rating thereafter.,A TDIU was granted effective January 29, 2013.

The Board has granted service connection for the Veteran's post-operative residuals of cervical spine disability and shell fragment wounds (SFW), right lower extremity (RLE) with effective dates based on when the claims were received, but not earlier than July 17, 2011.

The Board finds that the Veteran's current cervical strain disability is not related to service and cannot be attributed to a service-connected lumbar spine disability. Therefore, service connection for this condition is denied.

The Veteran's service-connected disabilities do not meet the minimum threshold requirements for a TDIU on a schedular basis and they do not preclude all forms of substantially gainful employment consistent with his education and occupational background.

The Veteran's service connection claims for various conditions were denied as the evidence did not support a finding that these conditions are related to his military service.

The Board denied service connection for residuals of anthrax vaccine, finding that the Veteran's claim was not supported by sufficient evidence to reopen her previously denied claims.

The Board has determined that the Veteran's cervical spine disorder is not related to his service, including a low back disability. The most probative evidence indicates that the cervical spine disorder developed after service and is unrelated to any in-service injury or condition.

The Veteran's service-connected cervical spine disability, right knee gunshot wound residuals, and left knee gunshot wound residuals were all granted initial ratings. However, the Veteran did not receive higher initial ratings for his cervical spine disability or right knee gunshot wound residuals.

The Board has found that the Veteran's cervical degenerative changes are at least as likely as not related to his military service, warranting service connection. The remaining claims for bilateral knee and shoulder conditions, back condition, and sleep apnea require additional development.

The Board has granted service connection for the Veteran's cervical spine disorder as secondary to his service-connected lumbar spine disorder, resolving all doubts in favor of the Veteran.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's neck disorder.

The Veteran's thoracolumbar spine disability was granted an increased rating to 20 percent, effective July 31, 2008. Service connection for a cervical spine disability was denied as not secondary to the service-connected thoracolumbar spine disability.

The Board found no evidence to support a service connection claim for the Veteran's neck disorder, concluding that it is not related to his military service or any service-connected disability.

The Board found no credible evidence linking the Veteran's current cervical spine and right ulnar neuropathy disabilities to his military service, thus denying these claims.

The Board has remanded the case for additional development, including obtaining updated VA examinations and verifying any possible toxic exposures at Fort McClellan. The TDIU claim is inextricably intertwined with the cervical spine disability.