Neck / cervical spine decisions — 2016

The Veteran's service-connected right foot disability (residuals of fractures of the first through fourth toes of the right foot, and a partial amputation of the third toe of the right foot) is currently rated as 30 percent disabling. The Board finds that this rating is appropriate based on the severity of his symptoms.

The Board has determined that the Veteran does not have a current cervical spine disorder or right knee disorder, and therefore service connection cannot be granted for these conditions.

The Veteran's tinnitus was found to have a positive nexus with service, warranting service connection. The claims for right shoulder condition and left shoulder condition were withdrawn by the Veteran during his July 2015 Board hearing. Service connection for cervical spine disorder is remanded due to lack of an examination.

The Veteran's claims for higher ratings for migraines, low back, and neck disabilities are being remanded due to the need for additional VA examinations and updated treatment records.

The Board has remanded the case for further development due to inconsistencies in the medical opinions and need for clarification of the Veteran's claims.

The Board has remanded the claims for additional development due to non-delivery of supplemental statements of the case and new VA treatment records added since the last issuance.

The Board has determined that the Veteran's cervical spine disability and left hand numbness are not related to service or a service-connected condition, and therefore denied these claims.

The Veteran's cervical sprain is rated at 20 percent, and his right upper extremity radiculopathy is rated at 40 percent. The TDIU claim was not addressed in this decision.

The Veteran's appeal is denied as the claim for an increased rating for left ankle degenerative changes was not granted, and service connection for cervical spine degenerative changes (claimed as neck condition), right shoulder rotator cuff tear (claimed as right shoulder condition), and thoracolumbar spine intervertebral disc disease/degenerative changes (claimed as back condition) were also denied.

The Board has denied the Veteran's claims of service connection for a lumbar spine disorder and cervical spine disorder. The claim for lumbar spine disorder was previously denied, and new evidence did not raise a reasonable possibility of substantiating the claim. For the cervical spine disorder, there is no indication that it began during or was caused by active service.

The Veteran is not entitled to VA compensation benefits in lieu of military retired pay before September 17, 1998. The issue of the calculation of compensation benefits based on a September 17, 1998, election of compensation benefits in lieu of receipt of military retired pay is being remanded for further action.

The Veteran's appeal has been dismissed due to his death during the pendency of this appeal.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 and his increased rating claim are being remanded due to the need for additional development, including obtaining VA medical records from North Chicago VAMC.

The Veteran's appeal is being remanded to obtain additional records and provide further examination opinions regarding the relationship between his service-connected right posterior tibialis disorder and his claimed cervical spine and lumbar spine disorders.

The Veteran's service-connected cervical spine disability has been rated at 40 percent since September 22, 2010. The Board found that the evidence did not support a higher rating based on ankylosis or incapacitating episodes of intervertebral disc disease.

The Board found no evidence of a chronic disability in service and insufficient continuity of symptomatology to establish service connection for the Veteran's claimed disabilities.

The Board has remanded the case for additional development due to a change in representation and other procedural issues.

The Board finds that the Veteran's arthritis of the cervical spine is related to his service, specifically flying as an F4 navigator and experiencing g-forces during combat missions in Vietnam. As such, the claim for service connection is granted.

The Veteran's claims for increased ratings and TDIU have been granted, with the exception of his cervical spine disability claim which is still pending.

The Veteran is entitled to a rating of 70 percent for cervical radiculopathy of the right arm prior to September 23, 2014, and no higher.