Neck / cervical spine decisions — 2016

The Board has granted service connection for chronic fatigue syndrome, finding that it first manifested during active service. The Veteran's other claims of service connection are addressed in the REMAND portion of this decision.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling the Veteran for examinations to determine the nature and etiology of his claimed conditions.

The Veteran's appeal has been dismissed as he withdrew his appeals for all issues.

The Board has granted service connection for a lumbar spine disability, a cervical spine disability, and radiculopathy of the bilateral upper extremities. The claims are based on direct service connection due to in-service injury.

The Veteran's claim for service connection for a right hip disability has been denied as there is no evidence of the claimed condition during the pendency of his claim.

The Veteran's service was not considered eligible for Post-9/11 GI Bill education benefits due to his discharge being an entry level separation and not a dishonorable discharge, nor did he meet the 30-day active duty requirement.

The Board has granted effective dates of January 24, 2010 for the awards of service connection for myositis of the cervical spine, myositis of the lumbar spine, and a right knee strain. The claim for an earlier effective date for right hip bursitis is denied.

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 at 30 percent. The Board finds that this rating adequately reflects the severity of his condition.

The Veteran's cervical spine disability is currently rated at 20 percent, effective June 25, 2012. The Board found that the evidence did not support a higher rating based on his current range of motion or any other criteria.

The Board denied service connection for back and cervical spine disabilities, finding that the Veteran's current conditions did not have their clinical onset in service or are otherwise related to his period of honorable active service.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and arranging for a DRO hearing. His TDIU claim is also inextricably intertwined with his increased rating claims.

The Veteran's cervical spine strain, right knee osteoarthritis status post-surgery with loss of cartilage in patella and femoral areas, and left wrist scaphoid fracture are currently rated at 10 percent each. The Board finds that a higher rating is not warranted for any of these conditions.

The Board has granted the Veteran's application to reopen his previously denied claim for service connection of a low back disability and found that new and material evidence has been received. The cervical spine issue is pending as it requires further development.

The Board found that the Veteran's current back and neck disabilities did not manifest during service or within the one-year presumptive period after separation, and thus denied service connection for these conditions.

The Board finds that the Veteran's cervical spine disorder with associated neurological symptoms is reasonably shown to have been incurred in or a result of active duty service, and grants service connection for this condition.

The Board found that the Veteran's current cervical spine disability is not related to service or a service-connected condition, and thus denied his claim for service connection.

The Board granted a 20 percent rating for the Veteran's degenerative disc disease of the cervical spine, effective from March 2009.

The Board has determined that the Veteran's right foot, left foot, left hip, right hip, left knee, and right knee disabilities are all service-connected.,The Veteran's low back disability and cervical spine disability were also found to be service-connected.

The Veteran's cervical spine disability is rated at 10 percent, and his left upper extremity radiculopathy is currently rated at 20 percent. Both conditions are not found to warrant a higher rating based on the current evidence.

The Veteran's TDIU claim is granted from October 16, 2006 due to his service-connected disabilities resulting in a combined rating of at least 60 percent.