Neck / cervical spine decisions — 2016

The Board has remanded the case for additional development, including obtaining an addendum medical opinion and ensuring that all claims are properly addressed.

The Veteran is found to be unemployable due to his service-connected disabilities prior to June 16, 2009, and the Board grants TDIU effective from June 30, 2003.

The Veteran's cervical spine DDD and bilateral plantar fasciitis with calcaneal spurs and right foot bursitis are rated at 10 percent, but no greater. The Veteran's right and left hallux valgus do not meet the criteria for a compensable rating.

The Board found that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no evidence of chronic symptoms or diagnoses for decades after separation from service. The claim was denied on a direct basis.

The Veteran's headaches have been rated as 30 percent disabling since May 25, 2006. The arthritis of the cervical spine has been granted service connection based on a presumption due to its onset during active duty. Bilateral upper extremity radiculopathy is also found to be secondary to the service-connected arthritis of the cervical spine.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbosacral spine disability and determine whether he has a cervical spine disability or left upper extremity radiculopathy. The issues include seeking an increase in evaluation for his lumbosacral spine disability and determining service connection for his cervical spine and left upper extremity radiculopathy.

The Board has granted the Veteran's claims for increased ratings for his thoracolumbar and cervical spine disabilities, but denied his claim for TDIU. The Veteran's service-connected conditions have resulted in significant impairment of his ability to work.

The Veteran's appeal is being remanded for additional development to determine the etiology of his claimed conditions and whether they are related to service.

The Veteran's cervical degenerative disease was not shown to warrant a rating in excess of 10 percent prior to September 26, 2011. From September 26, 2011 to December 11, 2011, the disability warranted a 20 percent rating. As of December 12, 2011, the Veteran's cervical degenerative disease did not meet the criteria for a higher than 30 percent rating.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of her claimed disabilities, including whether they are related to service.

The Veteran's sinusitis claim is addressed in the decision. The Board finds that there is no evidence of a current disability and no relationship to service.,Regarding the right shoulder, the VA examiner opined that the current condition was less likely than not incurred in or caused by an in-service injury, event, or illness. However, the Veteran has additional medical evidence from an MRI showing tendinopathy and/or an incomplete thickness tear involving the supraspinatus tendon.,For the cervical spine disability, the VA examiner opined that it is less likely than not incurred in or caused by an in-service injury, event, or illness. The Board finds this opinion more persuasive given the lack of documented treatment for neck pain after discharge and normal X-ray studies for many years following discharge.,The lumbar spine disability claim has been reopened but remains denied as there is no evidence of a current disability and no relationship to service.

The Board has determined that the Veteran's current disabilities of the right knee, lumbar spine, and cervical spine are not related to his military service.

The Board found that the Veteran's hypertension, left knee disability, cervical spine disability, and left shoulder disability were not incurred or aggravated during his military service. The VA examiner concluded that there was no evidence of a current diagnosis of hypertension in service or within one year post-service, and thus denied these claims.

The Board has determined that the Veteran's claimed conditions are not service-connected due to lack of evidence showing a nexus between his current disabilities and active service.

The Veteran's claims for service connection for right knee, left knee, lumbar spine, and neck disabilities have been granted.,All issues on appeal are now resolved.

The Veteran's tinnitus was found to have onset in service and is granted service connection.

The Board has determined that a remand is necessary to obtain an adequate examination and address the Veteran's lay statements regarding his neck symptoms since service.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for diabetes was not granted, chronic otitis externa did not warrant a compensable rating, the lumbar spine disability received an increased rating but remained at 20 percent, cervical spine disorder, bilateral hip disorder, knee disorder, ankle disorder, kidney disorder (hypertension), heart disorder (hypertension), erectile dysfunction, and peripheral neuropathy of both upper and lower extremities were not granted service connection. The Veteran's diabetes was rated as 20 percent disabling.

The Veteran's appeal for a higher rating for service-connected conjunctivitis has been withdrawn. The case is being remanded to obtain additional medical records and address the issues of hypertension, fatigue, headache disorder, and other claims.

The Veteran's claim for a higher disability rating for her cervical spine degenerative disc disease is being remanded due to the inadequacy of the March 2013 VA examination and the need for additional evidence.