Neck / cervical spine decisions — 2016

The Veteran's appeal is being remanded for additional development to address the service connection claims for various disabilities, including hearing loss and heart condition, all claimed as secondary to mercury poisoning.

The Veteran's appeal has been withdrawn by his representative, and thus the case is dismissed.

The Veteran's service-connected disabilities have not prevented him from securing or following substantially gainful employment for which his education and occupational experience would otherwise qualify him at any point during the appeal period.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not service-connected as they do not meet the criteria for direct service connection due to lack of evidence linking these conditions to his military service.

The Board has granted service connection for the Veteran's lumbar spine disability and cervical spine disability, finding that these conditions were caused or aggravated by events in service. The claim for a shoulder disability is remanded due to incomplete records.

The Board has determined that the Veteran's cervical spine disorder is secondary to his service-connected left lower extremity radiculopathy disability. However, there is no current diagnosis of upper extremity radiculopathy and the right shoulder disorder is not related to service or a service-connected condition.

The Veteran's left shoulder disability was rated at 10 percent from September 11, 2009 to July 20, 2011 and at 20 percent thereafter. The Board found that the evidence did not support a higher initial rating for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA records.

The Veteran has withdrawn his appeal on all issues currently before the Board, and thus there are no remaining questions of fact or law to be decided.

The Veteran's cervical spine disorder was not shown in service or for many years thereafter, and is not related to service or to a service-connected disability. Therefore, the claim for service connection has been denied.

The Veteran's claims for earlier effective dates have been denied as the earliest date of receipt of a claim is not prior to the assigned effective dates.

The Veteran's appeal is being remanded for additional development, including a new examination to assess the current severity of his cervical spine disability and any related neurological manifestations.

The Board has determined that the Veteran's cervical strain first manifested in active service and is related to his military service, granting service connection for this condition. The issue of service connection for a left shoulder disability remains pending.

The Board has determined that the Veteran does not meet the criteria for service connection for bilateral hearing loss, tinnitus, or a bilateral eye disability. The claims are therefore denied.

The Board has scheduled the Veteran's requested Travel Board hearing at the local RO in Salt Lake City, Utah. The appeal is being remanded due to scheduling conflicts.

The Board has remanded the case for a new VA spine examination to determine if the Veteran's cervical spine disability is related to her military service, as she claims. The current VA examination was inadequate and did not consider the Veteran's lay statements regarding symptoms in service.

The Board has remanded the case for a new medical opinion due to inadequate reasoning in the previous examination and incomplete service treatment records. The Veteran's cervical spine disability is being reviewed again with consideration of his lay statements regarding its onset.

The Veteran's neck disability has been rated at 30 percent since May 2009, with no higher rating granted due to the lack of unfavorable ankylosis or incapacitating episodes.

The Board has ordered a remand due to the need for additional development, including scheduling of a VA examination. The Veteran's claims for service connection for residuals of a head injury and cervical spine disability are pending.