Neck / cervical spine decisions — 2016

The Board has determined that the Veteran's current cervical spine disability is related to an in-service injury and grants service connection for this condition.

The Board granted service connection for a low back disability and assigned a 70 percent rating for PTSD. The Veteran's neck, left hip, and bilateral knee disabilities were also found to be related to service.

The Veteran's service-connected cervical spine disability has been rated at 20 percent since April 4, 2007. The VA examiners have consistently found that the Veteran’s range of motion is limited to 25 degrees in flexion and extension, with no additional limitation after repetitive use testing.

The Veteran's claims for service connection have been reopened. The Board has not found new and material evidence to reopen the claims of service connection for hiatal hernia, bilateral hearing loss, chronic fatigue syndrome, a disability manifested by loss of smell, or a sleep disability (to include sleep apnea).

The Veteran's degenerative joint disease of the cervical spine C4-6 is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.

The Veteran's service-connected disabilities do not render him unable to obtain or retain substantially gainful employment.

The Veteran's claim for higher ratings for cervical spine degenerative joint disease is denied as his disability does not meet the criteria for a rating in excess of 10 percent prior to August 20, 2012 or in excess of 20 percent from that date.

The Board has granted an effective date of November 8, 2005 for the award of TDIU on an extraschedular basis due to the Veteran's service-connected disabilities preventing him from securing and following a substantially gainful occupation.

The Board found no evidence of a current disability related to service, including ACDUTRA. The Appellant's statements regarding in-service injuries are not sufficient to establish service connection.

The Board denied service connection for cervical spine arthritis, finding that the Veteran did not have a current disability and there was no evidence linking his current condition to his military service.

The Veteran's cervical spine disorder is not service connected, but his GERD with hiatal hernia is secondary to a service-connected ankle disability.

The Veteran's claimed left leg radiculopathy and cervical spine disorder are not service-connected as they are not shown to be related to her military service or any service-connected disability.

The Veteran's appeal involves multiple issues including increased ratings for various service-connected disabilities and the establishment of a total disability rating based on individual unemployability.,The Veteran also seeks service connection for hypertension, removal of a brain tumor, and a psychiatric disorder.

From November 18, 2015, the Veteran's service-connected neck injury status post anterior cervical discectomy and fusion has been rated at 30 percent due to painful limitation of motion with forward flexion of 15 degrees or less.

The Board found that the Veteran's low back and cervical spine disorders are not related to his service, and thus denied his claims for service connection.

The Veteran's claims for PTSD, bilateral hearing loss, tinnitus, cervical spine disorder, low back disorder, and ischemic heart disease were denied. The claim for service connection for PTSD was not reopened due to lack of new and material evidence. Bilateral hearing loss and tinnitus were not found to be related to service or presumptively presumed under VA regulations.

The Veteran's claim for an increased rating for his service-connected cervical spine disability is being remanded due to the need for updated VA examination and development of medical records.

The Veteran's service-connected disabilities, including tension headaches, radiculopathy of the right upper extremity, and cervical spine disability, did not preclude him from securing or following a substantially gainful occupation prior to January 5, 2012.

The Veteran's cervical spine disability was granted a 20 percent rating, effective June 30, 2008. A separate 30 percent rating for left upper extremity radiculopathy from June 30, 2008 to September 1, 2009 was also granted.

The Board has remanded the Veteran's claims due to the need for additional VA examinations and records, particularly regarding his claimed psychiatric disorders, left foot disorder, cervical spine disorder, and thoracolumbar spine disorder.