Neck / cervical spine decisions — 2016

The Veteran's claim for an initial compensable disability rating for his ACM with cervical syringohydromyelia status post suboccipital craniotomy is being remanded due to inadequate examination reports and failure to comply with the duty to assist. The Board will seek additional VA and private medical records, obtain a new VA examination, and consider referral for extraschedular evaluation.

The Board denied service connection for a right shoulder disorder and cervical spine disorder, finding that the Veteran's current conditions did not have their onset in active service or due to injury or disease incurred in active service.,The VA examiners provided negative nexus opinions regarding the Veteran's right shoulder and cervical spine disorders, attributing them to non-service-connected factors such as aging and normal wear and tear.

The Veteran's migraine headaches are rated at a maximum of 50 percent, the highest rating available under the applicable rating criteria. The cervical spine disability is also rated at its maximum allowable level (40 percent).

The Veteran's left knee degenerative arthritis is rated at 10%.,Cervical intervertebral disc syndrome was initially rated at 20%, and from September 27, 2013 to December 8, 2014, it was rated at 30%. From December 9, 2014, the rating is 30%.,Thoracolumbar spine DDD with lumbar intervertebral disc syndrome and thoracic disc herniation has been rated as 20% from December 9, 2014.,Peripheral neuropathy of the right upper extremity was initially rated at 30%. From December 9, 2014, it is rated at 30%.,Right hip strain has a rating of 10%.,Status post bilateral inguinal hernia repair with scars have been rated as 10% since August 30, 2002 and remains at 10%.,Left knee scarring was initially rated at noncompensable (0%) prior to September 27, 2013. From September 27, 2013, it is rated as 20%

The Veteran's tinnitus, cervical spine disorder, and sleep apnea are all found to be related to his service.

The Veteran withdrew her appeal with regard to all remaining claims prior to the issuance of a decision.

The Veteran's appeal regarding the right shoulder disability has been rendered moot due to the grant of service connection for a right trapezius strain. The issue of neck disability is being remanded as it was not addressed in the original decision.

The Board has remanded the case due to the need for a video-conference hearing and will handle any additional development as needed.

The Board finds that the Veteran's cause of death, listed as acute respiratory failure due to COPD, was not caused or substantially contributed to by any service-connected condition. The appellant's claim for a heart disability in service is unsubstantiated and speculative.

The Veteran is seeking service connection for a neck disability that he claims is related to his back disability. The Board has ordered additional development due to the need for an opinion on whether the cervical strain was caused or aggravated by the service-connected lumbar strain.

The Board has determined that service connection for anxiety disorder, not otherwise specified is granted.,Service connection for a cervical spine disability and neurologic disorder (including headaches and seizure disorder) are denied.

The Veteran's appeal is being remanded for additional examinations and development of the record to determine the current severity of his service-connected cervical spine degenerative disc disease and bilateral shin splints.

The Board has determined that additional development is needed to obtain private treatment records and to provide a medical opinion regarding the etiology of the Veteran's claimed disabilities. The appeal will be remanded for these purposes.

The Board has determined that additional development is needed to determine the Veteran's military status on August 23, 1985 and to obtain orders associated with her drill weekend. The case will be remanded for these purposes.

The Board has determined that the Veteran's metastatic salivary carcinoma and cervical vertebra removal are service-connected. The asthma claim is remanded for additional development.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing and special home adaptation grant or financial assistance for the purchase of an automobile and adaptive equipment.

The Board granted the Veteran's claims for service connection for cervical and thoracic spine disabilities, finding that they were secondary to his service-connected lumbar spine disability. The Veteran was also granted a higher rating for his spondylolisthesis with lumbosacral strain.

The Veteran's service-connected lumbar strain and cervical spine conditions have not met the criteria for a higher initial rating at any point during the appeal period.

The Veteran's neck disability was rated at 30 percent effective October 1, 2015.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by active duty service and is not related to any incident of active duty service. The current cervical spine disability is considered a direct result of post-service injuries, including motor vehicle accidents.