Neck / cervical spine decisions — 2016

The Veteran's claims for service connection are being remanded due to incomplete VA treatment records. The case will be returned to the Board after obtaining all relevant medical records.

The Veteran's claims for service connection are being remanded to obtain additional VA opinions and examinations, as not all theories of entitlement have been addressed.

The Veteran's claim for a higher evaluation and earlier effective date for the cervical spine disability were both granted. The effective date is set at July 13, 2011.

The Veteran's appeal is being remanded for additional development, including VA examinations to address the nature and etiology of his low back and neck disabilities.

The Board has determined that the Veteran's lumbar and cervical spine disorders are not related to his military service, as there is no evidence of a chronic condition in service or within one year after separation. The VA examiner concluded that the current conditions are not related to any aspect of active duty service.

The Veteran's appeal is being remanded to arrange for a Board hearing. The issues include reopening his claim for cervical degenerative disc disease, service connection for PTSD, rheumatoid arthritis, COPD, and insomnia, as well as an increased disability rating for lumbar strain and TDIU.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a Social Industrial Survey and obtaining records of vocational services discussions.

The Board denied an extraschedular rating for the Veteran's cervical spine disability and found that service connection was not warranted for peptic ulcer disease, sleep apnea, or dental disability. The Veteran was granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found no evidence of a current diagnosis of PTSD, and the diabetes mellitus claim was not granted due to lack of in-service manifestation within one year of separation from active duty.

The Veteran's cervical spine disability has been rated at 40 percent since June 6, 2013, and separate ratings of 40 percent have been assigned for his right upper extremity radiculopathy and 30 percent for his left upper extremity radiculopathy.,Effective from December 29, 2015, the Veteran's TDIU (Total Disability Rating Based on Individual Unemployability) has been granted.

The Veteran's cervical spine DDD and associated right upper extremity radiculopathy were granted increased ratings, with the cervical spine rating set at 20 percent effective March 26, 2015.

The Board has denied the Veteran's claims for service connection for urinary tract infections, thoracolumbar spine disability, cervical spine disability, and bilateral feet disability.

The Veteran's right and left carpal tunnel syndromes have been rated as 20 percent disabling, effective October 21, 2011. The cervical spine disability has also been rated as 20 percent disabling.

The Veteran's appeal is REMANDED for additional development.,The Veteran seeks service connection for a cervical spine disability, claimed as degenerative disc disease of the cervical spine. The AOJ must schedule him for a VA examination to determine whether his current cervical spine disability is related to an in-service injury during boot camp in 1974.,The Veteran claims service connection for an acquired psychiatric disorder, including depression, adjustment disorder, and PTSD. He also seeks service connection for cataracts, glaucoma, diabetes mellitus, ischemic heart disease, Parkinson's disease, hairy cell leukemia (secondary to herbicide exposure), a left ankle disability, a right leg disability, and a left leg disability.,The Veteran asserts entitlement to an initial evaluation in excess of 20 percent for his service-connected thoracolumbar spine disability. The AOJ must schedule him for a VA examination to determine the current nature and severity of his thoracolumbar spine disability.,,,,,

The Board has determined that the Veteran's cervical spine myelopathy qualifies for compensation under 38 U.S.C.A. § 1151 due to a delay in care caused by VA's decision to have the Veteran first discover what type of metallic hardware was installed in his neck before scheduling an MRI, which likely resulted in additional disability.

The Veteran's cervical spine disability is not service-connected as it did not manifest during service and there is no evidence of a direct connection to his service-connected right knee or low back disabilities. The Veteran does not meet the criteria for SMC based on need for aid and attendance or housebound status.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran does not have a neck disability, bilateral carpal tunnel syndrome, low back disability, or bilateral knee disability that is related to her active military service.,VA examinations confirmed diagnoses of DDD and DJD in the cervical spine, lumbar spine, and knees. The VA examiners concluded that these disabilities are less likely than not incurred during service.

The Veteran's service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board finds that he meets the criteria for TDIU.

The Veteran's service-connected bilateral sensorineural hearing loss is found to be the primary cause of his chronic atypical headaches, and thus service connection for such is granted.