Neck / cervical spine decisions — 2015

The Veteran's service-connected disabilities, including lumbosacral strain with degenerative changes and limitation of motion of the cervical spine, have rendered him unemployable as of May 5, 2014.

The Veteran's appeal is being remanded to obtain additional medical records and to conduct further development of his claims, including obtaining SSA benefits determination and any necessary examinations or opinions.

The Veteran's appeal is being remanded to the AOJ for review of additional evidence and for a VA examination.

The Veteran withdrew the appeals for increased evaluations of lumbar spine degenerative arthritis, cervical spine degenerative arthritis, right elbow bursitis, tinnitus and right ear hearing loss prior to the promulgation of a decision.

The Veteran's claim for service connection for a right knee disability was denied. The Board found no evidence of a chronic right knee disorder during service and concluded that the preponderance of the evidence is against the claim.

The Veteran's claims for service connection for a traumatic brain injury and an increased rating for degenerative arthritis (cervical spine) are denied. The claim for a compensable rating for status post left testicular varicocele surgery with residual scar is also denied.

The Board has determined that the Veteran's claimed cervical spine and right index finger conditions are not related to service, and thus denied these claims.

The Veteran's claim for a separate compensable rating for right upper extremity neurological impairment was denied. The Board found that the evidence did not support a finding of mild or more severe neurological impairment related to his service-connected cervical spine disability. For TDIU, the Veteran's combined disability rating is 60%, which meets the criteria set forth in 38 C.F.R. § 4.16(a).

The Board has determined that the Veteran's claimed conditions, including systemic degenerative joint disease and a back disability, are not related to service. The evidence does not show an in-service injury or disease resulting in current disabilities.

The Board has granted service connection for shrapnel wounds to the right buttock and leg, but denied service connection for a neck disability and peripheral neuropathy. The Veteran's claim for TDIU was withdrawn by him.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his cervical disc disease disability. The case will be returned to the Board after this development.

The Veteran's cervical strain with traumatic arthritis is rated at 20 percent, which is the maximum rating available under the applicable rating criteria. The remaining conditions have either not been granted or are denied.

The Board has determined that the Veteran does not have hearing loss for VA purposes and therefore, service connection for bilateral hearing loss is denied. The remaining issues on appeal are addressed below.

The Board has decided to remand the case for additional development, including a VA examination and review of medical records.

The Board has determined that the Veteran's cervical spine disability is service-connected, as it had onset during his period of active service. The claims for bilateral hearing loss and lung disabilities have been dismissed due to lack of specific error of fact or law.

The Board has reopened the Veteran's claim for service connection for a neck injury and has determined that new and material evidence has been submitted. The Board also found that the Veteran has a current cervical spine disability, which is related to his in-service fall and injury.

The Board finds that the Veteran's current lumbar, cervical, right knee, and right carpal tunnel syndrome disabilities are not related to his military service. The VA examiner concluded that these conditions did not originate during or as a result of his in-service motor vehicle accident.

The Veteran seeks service connection for upper back spasms, which she claims were caused by her duties as an aircraft mechanic during active duty. The Board has remanded the case to obtain a VA examiner's opinion on whether these symptoms are at least as likely as not related to her military service.

The Board found that the Veteran did not have a chronic cervical spine disability during service or within one year of discharge, and thus could not establish service connection for his current cervical spine disability.

The Veteran's claimed conditions, including joint pain, impaired balance, muscle pain, and neurological symptoms of the upper and lower extremities, are not related to service. The Board finds that service connection is not warranted for these conditions.