Neck / cervical spine decisions — 2015

The Board has remanded the case for additional development of the record, including obtaining outstanding treatment records and scheduling VA examination and medical opinion. The Veteran's cervical spine disability and Crohn's disease are in dispute, as is his claim for a TDIU.

The Board has determined that the Veteran's cervical spine disability, including degenerative changes, is presumptively service-connected due to its presence within one year of his separation from active duty. The bilateral upper extremity disability (claimed as CTS) is also service-connected as secondary to the cervical spine disability.

The VA determined that there is no evidence to support a service connection for the Veteran's cervical spine disorder, as it was not shown during his military service or within one year after discharge. The examiner opined that the current condition is less likely caused by or related to his period of active service.

The Veteran's service-connected disabilities have resulted in permanent and total disability that is due to the loss or loss of use of one or both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. The Board grants entitlement to a certificate of eligibility for assistance in acquiring specially adapted housing.

The Board granted service connection for cervical radiculopathy of the right upper extremity and degenerative arthritis of the left hip as secondary to service-connected disabilities, effective April 13, 2011.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a new examination to assess his lumbosacral spine disability and determine the nature and etiology of his claimed cervical and thoracic spine and right shoulder conditions.

The Board found no current diagnosis of a cervical spine condition and denied the Veteran's claims for service connection.

The Veteran's hypertension, atrial tachycardia, and chronic lumbar strain are rated at the maximum allowable under VA regulations. The other conditions have been evaluated as noncompensable or with a 10% rating.

The Board found that the Veteran's current cervical spine disorder was not incurred in or aggravated by service and is not otherwise related to active duty service.

The Veteran's cervical spine disability is rated at 30 percent since January 18, 2000. Effective March 10, 2014, the Veteran's right shoulder radiculopathy associated with his cervical spine degenerative joint disease warrants a separate 40 percent rating.

The Board found that the Veteran's back and neck disabilities were caused by his service-connected right knee disability, granting service connection for these conditions.

The Board has determined that the Veteran does not have a chronic left ankle, right ankle, tailbone, or lumbar spine disability. The service connection for cervical spine and right shoulder disabilities is also denied as there is no evidence of such disabilities during active service.

The Veteran's appeal is remanded for further medical development to assess his need for regular aid and attendance due to his back and neck injuries.

The Veteran's appeal is being remanded due to the need for additional development and examination, including medical opinions regarding his claimed disabilities.

The Veteran's claim of service connection for sleep apnea has been reopened, and it is at least as likely as not that his obstructive sleep apnea began during active military service. The Veteran's PTSD and tension headaches are rated based on their impact on daily life.

The Board has found that the Veteran's cervical spine disability is etiologically related to his active service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded due to missing VA and private medical records, inadequate VA examination, and incomplete consideration of the claims.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA and private treatment records, scheduling addendum opinions from a VA examiner, and scheduling a VA examination to determine if any hip disability is related to service.

The Veteran's claims for an initial rating in excess of 10 percent for right shoulder osteoarthritis and earlier effective dates for service connection were granted. The effective date for the grant of service connection was set at June 27, 2007, while the effective date for the increased rating remains pending.

The Board has remanded the case due to the Veteran's inability to attend a scheduled Travel Board hearing. The appeal is being returned for scheduling a new hearing at the RO.