Neck / cervical spine decisions — 2016

The Veteran's service-connected disabilities, excluding his mental health disability (PTSD), are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment.

The Veteran's cervical spine discogenic disease was rated at 10 percent prior to November 10, 2015 and remains at that rating as of November 10, 2015. The disability does not meet the criteria for a higher rating under the applicable schedular criteria.

The Board denied the Veteran's claims for service connection for hypertension, neck disability, and left knee disability. The claim for increased rating of major depressive disorder from December 16, 2003 to July 16, 2013 was also denied.

The Veteran has withdrawn his appeal, accepting the decision made by the AMC and Montgomery Regional Office.

The Veteran's claim for service connection for bilateral hammertoes was granted with an effective date of April 11, 2010. His PTSD remains at a maximum evaluation of 30 percent.

The Veteran's appeal is being remanded to the AOJ for further development, including obtaining VA and private treatment records and scheduling a VA spine examination.

The Veteran's claim for service connection for idiopathic microhematuria was denied as it is a laboratory finding and not a disability. The Board found that the Veteran did not have a current disability for which service connection may be granted.

The Board has ordered a remand to obtain additional medical evidence and possibly a new examination, as the current records may not provide sufficient information for a clear determination of service connection.

The Veteran's service-connected disabilities, including PTSD and orthopedic conditions, have rendered him unable to secure or maintain gainful employment since February 10, 2011. The Board has granted a TDIU rating from that date.

The Board has determined that the Veteran's GERD, cervical spine/neck condition, and erectile dysfunction are at least as likely as not related to service. Service connection is granted for these conditions.

The Veteran's cervical spine disability is currently rated at 20 percent, but does not meet the criteria for a higher rating as it does not result in forward flexion of the cervical spine to 15 degrees or less.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted any new or additional benefits.

The Board has remanded the case for further development, including obtaining medical opinions and addressing the Veteran's claims for service connection for knee disorders and cervical spine disorder.

The Veteran's appeal is being returned to the AOJ for additional action due to outstanding non-VA treatment records and a need to provide substantial compliance with the Board's January 2013 remand directives.

The Board has remanded the case due to the need to obtain Social Security Administration (SSA) records related to the Veteran's disability benefits claim.

The Veteran's cervical degenerative joint disease has been rated at 20 percent since January 6, 2009. The Board found that the disability did not meet criteria for a higher rating prior to this date.

The Board has determined that the Veteran's neck disability with headaches is not related to his military service and therefore denied his claim for service connection.

The Veteran's claim for service connection for a cervical spine disorder is being remanded due to the need for additional development, including obtaining Social Security Administration records and providing an addendum opinion regarding the etiology of his condition.

The Board has determined that the Veteran's current cervical spine, left shoulder, and right shoulder disabilities are not related to his military service. The Veteran's hearing loss is also denied as there is no evidence of a current disability.

The Veteran's claims for service connection for various conditions, including Lyme disease and its residuals, bilateral knee disorder, bilateral shoulder disorder, memory loss, lumbar spine disorder, cervical spine disorder, headaches, cognitive impairment, dizziness and poor balance, tinnitus, heart disorder, splenomegaly, diffuse myelitis, organic disease of the nervous system (to include chronic pain), and radial neuropathies of the feet and hands were denied as these conditions are not related to service or service-connected disabilities.