Neck / cervical spine decisions — 2016

The Veteran's TDIU claim is being remanded due to the need to adjudicate her service connection claims for migraine headaches and degenerative joint disease of the cervical and lumbar spine. The case will be returned to the Board after these issues are resolved.

The Board has granted service connection for the Veteran's heart disease disability and assigned a 100 percent rating effective May 7, 2013. The remaining issues on appeal are remanded.

The Board denied the Veteran's claims for increased evaluations for his lumbar spine and cervical fusion disabilities, as well as his right great toe disability. The Veteran was not granted any higher ratings.

The Veteran's claim for an initial rating in excess of 10 percent for his cervical spine DDD is being remanded due to the need to obtain additional VA treatment records and address inconsistencies in the February 2015 VA examination report.

The Veteran's neck and back disabilities have been granted service connection, but the initial ratings assigned are 10 percent for both conditions. The GERD claim remains in appellate status with a current rating of 10 percent.

The Veteran's current cervical spine disabilities are not related to service, as there is no evidence of chronic symptoms in service or continuous symptoms since service. The Board finds that the weight of the evidence does not support a finding of continuity of symptomatology.

The Veteran's radiculopathy of the right upper extremity has been rated at 20 percent since April 20, 2006. From July 20, 2015, his condition is rated as 20 percent disabling.

The Board found that the Veteran's left shoulder epicondylitis and cervical spine degenerative arthritis are not service-connected as they were not shown to be related to her military service.

The Veteran's appeal is being remanded for further development to determine the cause of his upper and lower extremity deficits, including whether they are due to service-connected disabilities.

The Board has determined that the Veteran's current cervical spine disorder is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's cervical spine disability, diagnosed as status post cervical spine fusion C3 to C6 with radiculopathy, is etiologically related to the spine injury he sustained during service.,The Veteran's low back disability (claimed as osteoarthritis and degenerative disc disease) is not permanently aggravated by his service-connected anterior compression fractures of T12 and L1.

The Board has reopened the Veteran's claims of service connection for headaches, neck disorder, and back disorder. The evidence is at least in equipoise as to whether these conditions are related to service, thus resolving all reasonable doubt in favor of the Veteran. Service connection is granted for cervical spine degenerative joint and disc disease, lumbar spine degenerative joint and disc disease, and headaches. However, there is no evidence linking a bilateral leg disorder to service.

The Board has determined that the Veteran does not have a neck disability that was caused by his service, and therefore denied the claim for service connection.

The Board has remanded the case for further development, including scheduling a VA examination and issuing an SOC regarding attorney fees. The Veteran's right hand nerve impairment and cervical radiculopathy will be evaluated to determine their relationship to service.

The Board found that the Veteran's arthralgias, including complaints of pain in his bilateral knees, cervical spine, and right shoulder, were not manifested during service or for many years thereafter, and are not shown to be related to his service.

The Veteran's thoracolumbar spine disability is rated at 40 percent, effective October 1, 2006. The cervical spine disability was previously rated at 10 percent prior to November 17, 2011 and now rated at 20 percent since that date.

The Veteran's service-connected cervical spine disability resulted in a temporary total disability rating for convalescence from January 9, 2002 to April 4, 2002. The Veteran is not precluded from substantially gainful employment due to his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and issuing a Statement of the Case.

The Veteran's claim is being remanded for further development to determine the appropriate amount of Federal income tax funds withheld in regard to his disability severance pay for his service-connected cervical spine disability.

The Board has remanded the Veteran's claims due to incomplete records and inadequate opinions regarding his neck disability and right ear hearing loss.