Neck / cervical spine decisions — 2016

The Veteran's disability ratings for cervical fusion and upper extremity radiculopathy were reduced from 20 percent to 10 percent effective November 1, 2010. The RO has now proposed reducing these ratings back to 20 percent each, but the Veteran did not provide any additional evidence in response.

The Board has determined that the Veteran's cervical spine and right shoulder disorders are not related to service, and therefore denied his claims for service connection.

The Board finds the evidence is evenly balanced regarding whether the Veteran's cervical spine degenerative arthritis and degenerative disc disease are proximately due to his service-connected lumbosacral spine disability. The Veteran meets the current disability requirement, and his assertions support a finding that his neck disabilities developed as a result of compensating for back pain.

The Veteran's cervical spine disability is rated at 20 percent prior to October 22, 2015, and increased to 30 percent from that date. The right upper extremity neurological disability was also granted with a rating of 20 percent effective January 9, 2015.

The Board has remanded the case for further development, including a VA examination to address the nature and etiology of the Veteran's lumbar and cervical spine conditions. The claim will be adjudicated again based on the additional evidence.

The Board denied the Veteran's claims for service connection for bilateral pes planus, lumbar spine disorder, and cervical spine disorder. The decision found that pre-existing bilateral pes planus was not aggravated by service.

The Board has remanded the case for additional development due to failure to report for VA examinations and other procedural issues.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to January 15, 2016. For the period from January 15, 2016, he is not eligible for schedular TDIU but may be eligible for extraschedular TDIU.

The Veteran's cervical spine disability was rated at 10% from July 9, 2008 to October 18, 2012 and upgraded to 30% thereafter. The left upper extremity radiculopathy was initially rated at 10%, but increased to 40% in April 2015 for the right upper extremity radiculopathy.,A separate rating of 50% was granted for the right upper extremity radiculopathy from July 9, 2008 to April 17, 2015 and in excess of 40% thereafter.

The Veteran's diagnosed herniated nucleus pulposus of the cervical spine, with residual cervicalgia status post cervical fusion, is found to be service connected.

The Veteran's appeal is being remanded due to the need for additional evidence and a statement of the case on his claims.

The Board has granted increased initial evaluations for various spinal and joint disabilities, but denied service connection for hypertension and sinusitis.

The Board has granted a 100 percent initial rating for depressive disorder NOS effective May 14, 2010.

The Board has granted a 40 percent rating for service-connected lumbar spine degenerative disc disease (DDD) effective from January 31, 2014. The Veteran's cervical spine disability claim was reopened and the issue of service connection is addressed in the remand portion.

The Veteran's claims for service connection for lumbar and cervical spine disorders are being remanded due to the need for additional development, including obtaining private treatment records and worker's compensation records.

The Board denied the Veteran's claims of service connection for cervical spine and thoracolumbar spine disorders, finding that these conditions are not related to his active duty service or his service-connected knee disabilities. The claim for an increased disability rating for left knee disability was also denied.

The Veteran's motions alleging clear and unmistakable error in the December 2011 Board decision were dismissed due to the Court's August 2013 Memorandum Decision affirming the Board's decision, which became final.

The Veteran's trachea and heart positional shift are found to be secondary to a service-connected benign right lung carcinoid tumor with pneumonectomy. The cervical spine disability is not related to active service or any incident of service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for residuals of a facial injury. The claims for TBI and cervical spine disorder have also been denied as there is no current evidence of these conditions.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.