Neck / cervical spine decisions — 2016

The Board has decided the case should be remanded for additional development, including obtaining clarification of the Veteran's service duty in 1988 and scheduling a VA examination to determine the nature and etiology of any cervical spine/neck disability.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining a new VA examination for his left knee disability and issuing supplemental statements of the case addressing all issues on appeal.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound is REMANDED due to incomplete development. The AOJ needs to obtain additional medical records, conduct a VA examination, evaluate his nonservice-connected disabilities, and determine if he meets the requirements for aid and attendance or housebound status.

The Board has determined that the Veteran's cervical spine disorder is proximately due to or aggravated by his service-connected gunshot wound to the left flank, and thus grants service connection for this condition on a secondary basis.

The Board has determined that the Veteran's cervical spine disability warrants a rating of 30 percent effective August 4, 2015, based on painful motion starting at less than 15 degrees.

The Veteran's cervical spine intervertebral disc syndrome with degenerative arthritis is granted service connection. An initial 20 percent rating is granted for residuals of a testicle injury beginning May 13, 2014. The Veteran's bilateral knee disabilities and bilateral shoulder injuries are remanded for additional examination.

The Veteran's service-connected disabilities, including PTSD, IHD, plantar warts, lumbar and cervical spine DJD, hip and shoulder DJD, preclude him from securing and maintaining substantially gainful employment.

The Veteran's appeal regarding his service-connected skin disability and neck disability was denied. The skin disability did not meet the criteria for a higher rating, as it covered less than 40% of the body area or required systemic therapy. For the cervical spine disability, no higher rating is warranted based on the available evidence.

The Board has determined that the Veteran's cervical spine disability was incurred in service, and his lumbar spine disability warrants a 20 percent rating prior to April 9, 2014, and a 40 percent rating from April 9, 2014, to May 14, 2015.

The Veteran's cervical spondylosis and right upper extremity radiculopathy have been granted increased ratings, with the rating for cervical spondylosis now at 20 percent effective October 5, 2015.

The Board has determined that the Veteran does not have a current cervical spine disability that is at least as likely as not causally or etiologically related to his active service, including head trauma. The VA examiner's opinion was against a causal relationship between the in-service injuries and the current cervical spine disabilities.

The Board has determined that the Veteran's cervical spine disorder, bilateral hand and wrist disability, and left elbow disorder are not related to her active duty service or to her diabetes mellitus.

Service connection for a cervical spine disability was granted with an initial rating of 20 percent, effective from February 3, 2011. Service connection for the gastrointestinal disability (claimed as GERD, Barrett's esophagus, grade D esophagitis, gastritis, irritable bowel syndrome (IBS), residuals of cholecystectomy, residuals of gastric banding surgery, and intestinal metaplasia) was denied.

The Veteran's claims for increased disability ratings prior to November 1, 2012 were denied as his right leg radiculopathy did not meet the criteria for a rating in excess of 10 percent.

The Veteran's cervical spine disorder, diagnosed as degenerative disc disease, is attributable to his service-connected low back strain. The Board finds that the Veteran's current cervical spine disorder is due to or the result of his service-connected low back strain and grants secondary service connection for this condition.

The Board has dismissed the appeal of entitlement to an effective date earlier than October 2, 2009, for the grant of a 20 percent rating for multi-level degenerative disc disease with spondylosis of the cervical spine. The Veteran's claims for service connection for an acquired psychiatric disorder (including PTSD and dysthymic disorder) and a cognitive disorder have been granted.

The Veteran's appeals for service connection and increased rating claims have been withdrawn. The Board has dismissed the underlying claims as there is no longer an appeal to consider.

The Veteran's service-connected adjustment disorder with depressed mood and status post laminectomy, cervical spine, with fusion of C4, C5, and C6 disabilities render him unable to secure or follow a substantially gainful occupation from August 2, 2012. As such, the claim for TDIU is granted.

The Board has determined that the Veteran's claimed cervical spine, bilateral knee, and bilateral ankle disabilities are not related to his active service or any incident of service.

The Board found no evidence of a lumbar or cervical spine disability in service, and concluded that any current disabilities are not related to service.,The Board also determined that the Veteran's bilateral leg numbness is not linked to his tailbone injury during service.