Neck / cervical spine decisions — 2016

The Board has determined that there is no evidence of a diagnosed bilateral ankle disability, cervical spine disability, gastrointestinal (GI) disability, bilateral carpal tunnel syndrome (CTS), or frostbite of the toes during service or within one year of separation. Therefore, these claims are denied.

The Board has remanded the case for additional development due to insufficient medical opinions and missing treatment records.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a hearing loss disability, cervical spine disability, right shoulder degenerative joint disease, left knee degenerative joint disease with osteochondromatosis, or right knee degenerative joint disease prior to June 1, 2015.

The Veteran's appeals for increased ratings have been denied. The Veteran has withdrawn his appeals regarding service connection for psoriasis/skin spots, an initial compensable rating for osteoarthritis of the right hand, and an initial rating in excess of 10 percent for residuals of a right foot surgery with hallux rigidus and gout (claimed as right foot hammer toe). The Veteran's claim for an increased rating for cervical degenerative disc disease has been denied. His claims have not yet been adjudicated.

The Board denied service connection for hypertension, heart palpitations, GERD with hiatal hernia, cervical spine disability, low back disability, nasal problems and left maxillary/ethmoid sinusitis, and sleep apnea. The claims were also dismissed as the appellant withdrew his appeal regarding heart palpitations.

The Veteran's claims for increased rating and service connection are being remanded due to the need for additional examinations and development of records.

The Veteran's cervical spine disability is rated at 20 percent, effective March 25, 2005. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Board denied service connection for PTSD, an acquired psychiatric disorder (other than PTSD), a cervical spine disorder, and vertigo. The TBI claim was also denied.

The Board has determined that the Veteran's cervical spine, bilateral shoulder, and bilateral hand disabilities are related to service. The right arm radiculopathy is also found to be related to a service-connected condition (cervical spine disability).

The Veteran's claim for a right index finger scar was denied as the scar is not deep or limited in motion, and does not meet the criteria for a compensable rating.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred in or aggravated by service, nor may arthritis be presumed to have been incurred during service. The Veteran's headaches were also not linked to service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current neck disability is related to service.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a cervical spine disability and a brain tumor. The Veteran's current cervical spine disability is found to be related to his in-service injury, including as proximately due to his service-connected seizure disorder.

The Veteran's claims for service connection for various conditions, including TBI with vertigo, nausea and headaches, COPD, sleep apnea, cervical spine disability, thoracolumbar spine disability, diabetes mellitus, erectile dysfunction (ED), and left hand disability are all denied as there is no competent evidence of current disabilities or a nexus to service.

The Veteran's combined schedular evaluation is 100 percent from November 1, 1995. The Board has granted the Veteran a TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and verifying the exact dates of his National Guard service.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for thoracolumbar spine disorder and cervical spine disorder. However, upon review of the evidence, including VA examinations and private chiropractor opinions, the Veteran does not have a current disability of these conditions.,Service treatment records show no chronic back or neck problems during active duty. The Veteran's complaints were treated with chiropractic care while in service but she was found to be in good health at separation. Post-service evaluations by VA providers did not find any current disabilities of the cervical and thoracolumbar spine.

The Board granted a 30 percent rating for the Veteran's service-connected degenerative disc disease of the cervical spine and muscle contraction headaches, effective from November 2, 2012. The Veteran's disability was found to meet the criteria for a 30 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran is entitled to a TDIU since January 13, 2003, due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.