Neck / cervical spine decisions — 2016

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to address the etiology of the Veteran's cervical spine and left shoulder disabilities.

The Veteran's cervical strain with cervicobrachial pain is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5237. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes.

The Veteran's appeals have been withdrawn by his attorney, effectively dismissing all claims.

The Board has determined that there is no credible evidence of a current cervical spine disability related to the Veteran's military service, and thus denied his claim for service connection.

The Board found no evidence of a cervical spine disability or right arm neuropathy that is related to service, and denied the Veteran's claims for service connection.

The Veteran's cervical spondylosis and degenerative disc disease of the lumbar spine were not rated higher than initially assigned, with no new evidence provided to warrant a higher rating.

The Board has remanded the case for additional development, including obtaining records from VA hospitals in Shreveport and North Little Arkansas, providing an adequate medical opinion regarding the nature and etiology of the Veteran's cervical spine disability, and considering the issue of aggravation by PTSD.

The Veteran's TDIU claim is being remanded for further development to determine his ability to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a cervical spine disorder. After reviewing the medical records, which show current cervical spine pathology and continuity of symptomatology since her active service, the Board finds that reasonable doubt exists as to whether the Veteran's current cervical spine disability is related to her military service. Therefore, service connection is granted.

The Board has determined that reducing the Veteran's disability rating for degenerative arthritis of the cervical spine from 30 percent to 10 percent, effective April 1, 2010, was not proper.

The Board has determined that the Veteran's cervical spine disorder is related to his active duty service and grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and updating the family income calculation.

The Board found that the Veteran's cervical spondylosis and degenerative disc disease were not incurred in or aggravated by service, nor can it be presumed to have been incurred therein. The claim was denied.

The Board found that the Veteran's cervical spine disorder was not incurred in or aggravated by active service and denied his claim.

The Veteran's claims for service connection and TDIU are being remanded due to the need for additional development, including scheduling a VA examination.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to his active duty service, with doubt resolved in favor of the Veteran.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for specially adapted housing or a special home adaptation grant due to his permanent and total disability status based on TDIU.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate notice of VA examinations scheduled in connection with his service-connected schizophrenia and cervical spine disabilities.

The Board has determined that new and material evidence has been received to reopen claims for service connection for a right shoulder disability, seizure disorder, skin disability, and neck disability. However, the issues of whether there is service connection for these conditions are still pending.

The Board found that the Veteran's cervical and lumbar spine disabilities did not become manifest until many years after discharge from service and are not shown to be etiologically related to service or a service-connected disability.