Neck / cervical spine decisions — 2015

The Board has not been able to determine if the Veteran's cervical spine degenerative joint disease is secondary to his service-connected thoracolumbar spine disability, and there are outstanding treatment records that need to be obtained. The appeal for bilateral upper extremity neuropathy is inextricably intertwined with the appeal for cervical spine degenerative joint disease.

The Veteran's initial rating for his cervical spine disability has been granted, but the appeal is now remanded due to a need for additional evidence and an examination.

The Veteran's combined rating of 70 percent for service-connected disabilities from June 1, 2004 to March 10, 2005 and 90 percent thereafter meets the threshold requirements for a TDIU. The appeal is granted.

The VA denied an increased evaluation and extraschedular rating for the cervical spine disability, finding that the evidence did not support a schedular evaluation in excess of 20 percent.

The Board has determined that the Veteran's current cervical spine disorder is not related to service and is not caused by or permanently worsened by his VA-compensated thoracolumbar disorder.

The Board has granted service connection for arthritis of the cervical spine as secondary to a service-connected disability (retained fragments, neck, residuals shrapnel wounds).

The Board has determined that the Veteran's cervical spine disorder is not related to her service, and thus denied her claim.

The Board has remanded the case for additional development, including obtaining medical records and providing an addendum opinion to determine if the Veteran's back disorder is related to his active duty service.

The Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities, and the Board has granted a TDIU.

The Board has remanded the case due to unclear duty status at the time of a motor vehicle accident, and TDIU is inextricably intertwined with service connection claims.

The Board has remanded the case due to insufficient medical evidence and a need for additional examination.

The Board denied the Veteran's claim for service connection for a cervical spine condition on a direct basis, finding that there was no evidence of an in-service injury or event and insufficient medical opinion to establish a nexus between his current disability and service.

The Veteran's cervical spine disability claim is being remanded for additional development of her medical records and consideration of the new evidence submitted since the last statement of the case.

The Board has remanded the case for additional development, including obtaining private treatment records and providing an addendum opinion regarding the Veteran's ability to work due to his service-connected disabilities.

The Veteran's claim for an increased rating for his cervical spine disability was denied as the evidence did not show that his forward flexion of the cervical spine was limited to 15 degrees or less, ankylosis, or incapacitating episodes of intervertebral disc syndrome of at least four weeks.

The Board has determined that the March 2014 rating decision granting service connection for low back strain and neck strain (claimed as IVDS of the lumbar spine and cervical spine, respectively) represents a full grant of benefits sought on appeal with respect to these claims.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since August 1, 2008.

The Veteran's cervical radiculopathy of the right upper extremity is rated at 40 percent, which approximates moderate incomplete paralysis.

The Veteran's service-connected cervical and thoracic spine disability has been rated at 30 percent since March 2009, but the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for an increased rating in excess of 30 percent.

The Veteran's claim for service connection for blood cells in urine has been denied as there is no current disability associated with this condition during the claims period. The Board finds that a present disability must be shown to establish service connection.