Neck / cervical spine decisions — 2015

The Veteran's cervical spine DDD has been rated at 20 percent since February 13, 2009. The VA examiner found that the Veteran was not able to perform repetitive use testing with at least three repetitions due to severe pain and stiffness caused by his neck condition.

The Board has directed that additional medical opinions be obtained regarding the service connection claims for lumbar and cervical spine disabilities, which are secondary to a service-connected left ankle disability. The case is being remanded for these purposes.

The Veteran has withdrawn his appeals for the claims of service connection and increased ratings, as well as all related issues. The appeal is dismissed.

The Board found that the Veteran's tinnitus and cervical spine disability are service-connected due to exposure to noise during service, with no in-service diagnosis or chronic symptoms. The current diagnoses of tinnitus and degenerative joint disease were considered presumptively related to service.

The Veteran's claim for service connection for a skin disability was denied. The Board found that the evidence did not support a link between his current skin conditions and his military service, including exposure to herbicides.

The Veteran's claim for service connection for a cervical spine disability is being remanded due to the submission of new private chiropractic treatment records. The case will be reviewed and an updated opinion based on this evidence will be requested.

The Board is remanding the case for additional development to obtain service treatment records and verify all periods of ACDUTRA and INACDUTRA, as well as any line of duty investigations. The TDIU claim will be deferred until these issues are resolved.

The Veteran's appeal is being remanded due to the need for additional medical examinations and further development of his claims.

The Veteran's appeal involves multiple conditions, including cervical and thoracolumbar spine disorders, knee and ankle injuries, a muscle disorder, diabetes mellitus due to herbicide exposure, multiple sclerosis, peripheral neuropathy of the upper and lower extremities, and an anxiety disorder. The claims are being remanded for additional development.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation.

The Veteran's appeals for increased ratings for various foot and elbow conditions have been denied. The Board found that the evidence did not support a higher rating than 10 percent for her right elbow fracture, cervical degenerative disc disease, or plantar fasciitis with heel spurs.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of service connection or entitlement to higher ratings.

The Board found that the Veteran's current heart, cervical spine, low back, right knee, carotid artery stenosis, and peripheral vascular disease conditions are not related to his service or a service-connected disability. The claims for these conditions were therefore denied.

The Veteran's headaches and cervical spine disability are service-connected, with the headaches being related to her in-service complaints of frequent or severe headaches. The lumbar spine disability is currently rated at 20 percent.

The Veteran withdrew his appeal for all issues on appeal prior to the Board issuing a final decision.

The Board has granted service connection for the claimed conditions, including dysphagia, neck disability, back disability, right shoulder disability, sinus disability, hypertension, sleep disturbance, and loss of vision of the right eye, based on presumptive service connection due to active military service.

The Veteran's appeal for service connection for recurrent pleurisy, to include scar on lung as a qualifying chronic disability under 38 C.F.R. § 3.317 has been withdrawn.

The Veteran's TDIU claim is being remanded for additional development, including VA examinations to assess the severity of his service-connected disabilities and their impact on his employability.

The Board has granted the Veteran's claims for increased ratings for radiculopathy of the bilateral lower extremities, but denied his other service connection and rating claims.

The Board has decided that the Veteran's claims for service connection for cervical spine disorder, right shoulder disorder, and left shoulder disorder need to be remanded due to a request for a videoconference hearing.