Neck / cervical spine decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA examination.

The Board found that the Veteran's cervical spine disorder did not manifest during service or within one year of separation, and there is no evidence of a chronic disability in service. The VA examiners concluded that his current cervical strain was less likely related to his military service.

The Veteran's service-connected disabilities, which include a left leg disability, neck disability, and amputation of the middle finger, are considered as a single disability. The combined rating is 80 percent effective from August 18, 1977. He has also been awarded SMC for loss of use of the left foot and TDIU based on his service-connected disabilities. The Board finds that he does not meet the criteria for SMC based on need for aid and attendance due to his ability to leave home with assistance but does meet the criteria for SMC based on housebound status.

The Board denied the Veteran's claim for service connection due to a lack of nexus between his service and current disability. The Veteran's back disability is not causally or etiologically related to his period of active service.

The Board has determined that service connection for a cervical spine disability is granted, as the evidence is in equipoise regarding whether the Veteran's condition is related to an in-service injury.

The Veteran's degenerative disc disease of the cervical spine is likely related to service, and the Board has granted service connection for this condition. The issues regarding headaches and migraines are addressed in the REMAND portion.

The Veteran's claim for SMC at the housebound rate has been denied as he does not have a single disability rated as 100 percent or a TDIU based on a single disability. The evidence shows that his disabilities do not render him permanently housebound.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for medical opinions regarding his cervical and lumbar spine disabilities.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability and is granting this benefit. The Veteran now has evidence that relates to an unestablished fact necessary to substantiate his claim, specifically linking any current cervical spine disabilities to service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for additional development, including obtaining consent forms and medical opinions regarding whether his August 2006 surgeries caused any additional disabilities.

The Board finds that the Veteran's right knee disability, diagnosed as degenerative joint disease (DJD) status post arthroscopy with partial medial meniscectomy, is secondary to his service-connected right ankle disability. The preponderance of evidence does not show that the Veteran had presumptive exposure to herbicides, including Agent Orange, nor is there probative evidence of exposure to such. As for diabetes mellitus type II, the Board finds that the preponderance of the evidence does not support a finding of service connection due to presumed exposure to herbicides.

The Board has determined that additional efforts are needed to obtain the Veteran's service treatment records, which may be held by various entities including his Reserve units and hospitals in Korea and Japan. The case is therefore being remanded for these actions.

The Veteran's bilateral pes planus was noted at entry into service but not diagnosed or treated during active duty. The cervical and lumbar spine disabilities were not diagnosed until after separation from service, and the Board finds that there is insufficient evidence to establish a connection with service.

The Veteran is granted service connection for a headache disability and a cervical spine disability.,Compensation under 38 U.S.C.A. § 1151 for the claimed disabilities will not be granted.

The Veteran withdrew his appeals for all issues currently pending before the Board.

The Veteran's claims for increased ratings and TDIU were granted, with the right knee instability rated at 10 percent and the cervical osteoarthritis rated at 20 percent. The diabetes mellitus claim was not addressed as it is a separate issue.

The Board has remanded the Veteran's claims for service connection due to insufficient reasoning and lack of a VA medical opinion. The case is returned to the AOJ for further development.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, as his combined rating is 80 percent. The Board finds that the preponderance of evidence does not support a finding of unemployability solely due to these conditions.

The Veteran's appeal is being remanded for additional VA examinations to assess the severity of his service-connected cervical and lumbar spine disabilities, as there was a communication error regarding periods of incapacitation during the last examination.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and private treatment records from C. Phillips, as well as a new VA examination to address his psychiatric disorder claim.