Neck / cervical spine decisions — 2016

The Veteran's appeal is being remanded for additional development as the evidence of record does not contain sufficient competent medical evidence to decide the claims, and more recent VA medical records suggest that his disorders may have worsened since a previous examination.

The Board has determined that the Veteran's lumbosacral spine, cervical spine, and radiculopathy disabilities are not related to his military service or any service-connected disability. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's claims for increased ratings for his service-connected cervical strain and IVDS with degenerative joint disease of the lumbar spine have been denied. The criteria for a higher rating under the applicable diagnostic codes have not been met.

The Veteran's cervical spine disability is rated at 20 percent, effective June 28, 2013. The claim for service connection for a low back disability was granted.

The Board has denied the Veteran's claims for service connection for cervical spine arthritis and left shoulder disorder, finding no current diagnosed right shoulder disorder. The case is now remanded to obtain additional medical evidence and arrange a VA examination.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new examination to determine if the Veteran's cervical degenerative disc disease is caused or aggravated by his lumbar spine arthritis or PTSD.

The Board has remanded the case due to the need for additional development, including obtaining service personnel records and medical records.

The Board has remanded the case for further development due to new evidence submitted by the Veteran, specifically a retrospective opinion from a private physician regarding limitation of motion of the cervical spine during flare-ups. The Veteran's representative requested that the matter be remanded to consider this new evidence.

The Veteran's TDIU claim is granted from February 13, 2015. Prior to that date, his service-connected disabilities did not preclude him from obtaining or maintaining substantially gainful employment. From that date, the combined rating of 90 percent due to bilateral upper extremity neuropathy and cervical spine disability made a TDIU warranted.

The Veteran's cervical spine DJD and lumbar spine DOD are granted as secondary to his service-connected low back strain with spondylolisthesis, herniated nucleus pulposus, and radiculopathy. The issue of an increased disability rating for the low back strain is remanded.

The Board has determined that the Veteran's bilateral hearing loss disability is related to in-service acoustic trauma, and thus grants service connection for this condition. The cervical spine disability claim remains pending as it was not addressed by the RO.

The Veteran's service connection claims for cervical spine, lumbosacral spine, bilateral shoulder, upper extremity neurological disabilities (neuropathy), and lower extremity neurological disabilities have been denied as there is no evidence of chronic disability during or within one year after service separation.

The Veteran's appeal has been dismissed as she withdrew her appeals for sleep apnea and right hand injury prior to the Board's decision.

The Veteran's cervical spine disability results in limitation of motion to 15 degrees, warranting a 30 percent rating. The appeal is granted for the cervical spine disability issue.

The Veteran is entitled to special monthly compensation by reason of being housebound due to her service-connected depressive disorder and cervical spine disability, as she meets the statutory criteria for a single disability rated at 100% disabling. However, she does not meet the requirement of having additional disabilities independently ratable at 60% or more when combined.

The Board has determined that there is no evidence of a nexus between the Veteran's current left knee, left shoulder, and cervical spine disabilities and his active service. The claims are therefore denied.

The Board has remanded the case due to inadequate opinion regarding whether the cervical spine disability is aggravated by the service-connected low back disability, or if it is otherwise related to service.

The Veteran's cervical spine disability is rated at 30 percent for the entire period covered by this claim, effective from July 29, 2013. The rating includes a separate compensable rating of 20 percent for RUE radiculopathy associated with the service-connected cervical spine disability prior to July 29, 2013.

The Veteran has withdrawn his appeal of all issues, including the increased disability rating for cervical strain and service connection claims. The Board has dismissed these issues.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of outstanding medical records. The issues include determining if his cervical spine disability warrants an increased rating and whether he qualifies for TDIU prior to November 7, 2011.