Neck / cervical spine decisions — 2016

The Veteran's claim for an effective date earlier than March 13, 2009 for service connection for degenerative disc disease (DDD) of the cervical spine with fusion and retained hardware from C3-4, C 4-7, and C7 to T2 was denied. The Board found that no document prior to March 13, 2009 could be construed as a claim for service connection for this condition.

The Veteran's DDD of the cervical spine with reversed lordosis and IVDS is rated at 30 percent, effective November 20, 2014. His radiculopathy of the right upper extremity is rated at 40 percent, also effective November 20, 2014.

The Veteran's tension headaches are found to be related to service, including head and facial injuries sustained during active duty. The Board grants direct service connection for the condition.

The Veteran's degenerative arthritis of the cervical spine is productive of forward flexion limited to less than 30 degrees but not less than 15 degrees, warranting a 20 percent evaluation.

The Board has determined that the Veteran's current cervical spine disability, including degenerative disc disease of the cervical spine and spinal fusion, is related to his in-service injury. The claim for service connection is granted.

The Veteran has withdrawn her appeal regarding the issues of service connection for neck and back disabilities, effective June 13, 2016.

The Board has determined that the Veteran's claims for service connection for sleep apnea and right axilla phlebitis are denied as there is no evidence of current disabilities during the period of the claim.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of entitlement to service connection for various conditions are still pending.

The Board has determined that the Veteran does not have a lumbosacral spondylosis or cervical spondylosis disability that is etiologically related to his military service. The evidence shows no indication of such conditions during service and the VA examiner's opinions do not support a finding that these conditions are due to service.

The Veteran's cervical spine disability is rated at 20 percent, effective from the date of his claim. Separate ratings of 10 percent are assigned for neuritis of the median nerve in both upper extremities. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's claim for a higher rating for cervical nerve root compression of the right upper extremity was granted, with a current disability rating of 30 percent. The issue of initial ratings and SMC at the housebound rate is addressed in the REMAND portion.

The Board has remanded the Veteran's claims for further development due to insufficient evidence and need for a VA examination.

The Board has decided to remand the case due to insufficient medical opinion regarding the onset and relationship of the Veteran's neck disability to his military service.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, cervical spine strain with degenerative disc disease, and a left knee disorder. The claim for dental trauma for VA treatment purposes is pending.

The Veteran's cervical spine injury (C2 compression fracture) and posttraumatic neuritis of the dorsal spine with radicular pain to the left chest are service-connected as secondary to his Parkinson's disease and other service-connected disabilities. The claim for a higher rating is denied.

The Board has remanded the case for additional development, including obtaining a VA medical opinion and addressing certain evidence submitted by the Veteran.

The Board has determined that the Veteran's current diagnosis of degenerative arthritis of the cervical spine is not related to service or a service-connected disability, and thus denied his claim for service connection.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing. The claims for cervical spine and sacroiliac joint disabilities remain pending.

The Veteran's appeal is being remanded for further development, including new VA examinations to assess the severity of his service-connected cervical spine, left upper extremity radiculopathy, and left shoulder disabilities. The case will be reconsidered in light of Correia v. McDonald.

The Veteran's cervical radiculopathy of the right upper extremity is granted as secondary to his service-connected cervical spine disability. He was also granted TDIU and an increased rating for headaches.