Neck / cervical spine decisions — 2015

The Veteran's claims for increased evaluations for musculogiamentous low back strain and degenerative discogenic/arthritic changes of the cervical spine were denied as there is no evidence of unfavorable ankylosis or IVDS, which would warrant higher ratings.

The Board has remanded the Veteran's claim for a TDIU prior to August 29, 2006 due to insufficient development and will be referred to the VA Under Secretary for Benefits or the Director of Compensation and Pension Services for extraschedular consideration.

The Veteran's service-connected cervical spine degenerative joint disease was granted a higher disability rating of 60 percent effective June 12, 2014.

The Veteran's service-connected conditions do not render him unable to secure or follow substantially gainful employment, and therefore his claim for a TDIU is denied.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's service-connected headaches and any claimed disabilities secondary to his in-service traumatic brain injury.

The Board denied the Veteran's claims for service connection for cervical myofascial pain syndrome and a rating in excess of 40 percent for lumbosacral strain with psychophysiological musculoskeletal disorder, finding that new and material evidence had not been received to reopen either claim.

The Board denied the Veteran's claim for an effective date earlier than June 21, 2010 for the grant of a total disability rating based on individual unemployability (TDIU) due to lack of evidence showing that his service-connected disabilities caused him to be unable to secure or follow a substantially gainful occupation prior to this date.

The Board has found that the Veteran's neck disability did not have its onset during active service or result from disease or injury in service, and arthritis did not manifest to a compensable degree within one year of separation from service. Therefore, the claim for service connection for a neck disability is denied.

The Board found no injury or disease involving the neck during any qualifying period of service, and thus denied the Veteran's claim for service connection.

The case is being remanded for further development, including determining the duties performed during the Veteran's ADSW service and obtaining VA treatment records. Additionally, a VA examination will be scheduled to assess the relationship between the Veteran's disabilities and his active service.

The Veteran's currently diagnosed sleep apnea is causally related to his service-connected PTSD, and the Board grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected PTSD and an internal medicine specialist opinion regarding whether his combined disability picture prevents him from engaging in substantially gainful employment.

The Board found that the Veteran's low back and neck disabilities did not manifest during or as a result of active military service, and thus denied his claims for service connection.

The Board has remanded the case for additional development, including consideration of new evidence and a VA examination. The Veteran's service connection claims are being reviewed again to determine if he is entitled to benefits.

The Board has remanded the case for further development, including a VA social and industrial survey to assess employment capacity and a VA examination by a physiatrist to determine if the Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

The Veteran's upper trapezius strain/cervicalgia has been rated at 10 percent since October 2007, with a combined range of motion of 310 degrees.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The claims of service connection for migraine headaches, major depressive disorder, degenerative disc disease of the thoracolumbar spine with musculoskeletal strain of the lumbosacral spine, and musculoskeletal strain of the cervical spine with degenerative changes are still pending.

The reduction of the disability evaluation for bilateral hearing loss from 10 percent to noncompensable was proper. The Veteran's cervical spine and left upper extremity disabilities are remanded for additional examinations.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling examinations to assess the severity of her service-connected conditions. The issues on appeal include increased evaluations for PTSD, MDD, cervical spine DDD, and erosive reflux esophagitis; entitlement to TDIU; and service connection for constipation.

The Board found that the Veteran's cervical spine disability was not present until after discharge from service and is not otherwise related to service.