Neck / cervical spine decisions — 2015

The Board has determined that tinnitus is at least as likely as not related to the Veteran's active service, and therefore grants service connection for tinnitus. The neck disability issue remains pending due to insufficient evidence.

The Veteran's claims for increased evaluations and TDIU were granted, but the specific ratings assigned are not provided in this decision.

The Veteran's cervical spine disability, which resulted from a surgical procedure for spondylosis, has been rated at 10 percent since December 1, 2010. The current rating is appropriate as the evidence does not show that his condition warrants an increase in disability.

The Veteran's right and left knee disabilities, as well as his back and neck disabilities, are related to his service. The Board has granted the claims for these conditions.

The Veteran's cervical spine disability and right arm disability were not shown to be incurred in or aggravated by service.,Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as the right arm weakness did not result from VA care, treatment, or examination.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for a higher rating under the applicable diagnostic codes.

The VA denied the Veteran's claim for a higher disability rating for his cervical spine disability, finding that it did not meet the criteria for a rating in excess of 20 percent.

The Board has determined that the Veteran's current cervical, lumbar, and bilateral knee conditions are related to his service as a paratrooper. Service connection is granted for these conditions.

The Veteran withdrew his appeal for an increased rating of his cervical spine disability.

The Veteran's cervical spine disability, with associated right and left upper extremity radiculopathy, is currently rated at 10 percent. The claims for increased ratings are granted.

The Board has granted service connection for a cervical spine disability and finds that the Veteran's current condition is related to his active service, including an in-service incident involving a tank. The neurological disorder claim remains pending as it is unclear from the medical evidence of record the exact diagnoses of any neurological disorder present.

The Veteran's service-connected cervical spine disability is currently rated at 20 percent, and his left shoulder radiculopathy at 10 percent. The Board found that the evidence did not support a higher rating based on either condition.

The Board has determined that the Veteran does not have a current chronic bilateral shoulder disability, right ankle disability, or cervical spine disability related to service. The preponderance of evidence is against his claims for these disabilities.

The Board has remanded the case for additional development, including obtaining SSA records and addendum medical opinions.

The Board has granted service connection for chronic lumbosacral strain, degenerative disc disease of the cervical spine, fibromyalgia, chronic right shoulder strain, chronic left shoulder strain, and right upper extremity neuritis, all effective September 1, 2009.

The Veteran's service-connected disabilities, including coronary artery disease, diabetes mellitus type II, diabetic peripheral neuropathy of the bilateral upper and lower extremities, cervical osteoarthritis, residuals of a right ankle injury, scar of the right thigh, and erectile dysfunction, result in a combined rating of 90 percent. The Veteran is not unemployable due to his service-connected disabilities as he has more than one disability rated at least 40 percent disabling.

The Veteran's cervical spine disability is currently rated at 20 percent, effective from March 30, 2004. The Board found that the evidence did not meet the criteria for a higher rating prior to October 28, 2014.

The Board has remanded the case for a new VA examination to address whether the Veteran's neck disability is related to his service or secondary to his service-connected thoracolumbar spine disability, and if so, whether it was aggravated by his service-connected condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a cervical spine examination. The claims of service connection for hypertension, rating reduction of low back disability, and TDIU are also pending.

The Veteran's claims for service connection were denied across the board. The Board found no evidence of a current disability in most cases and insufficient medical nexus to support the Veteran's assertions.