Neck / cervical spine decisions — 2016

The Board has determined that the Veteran's current thoracolumbar spine disorder is not related to service and therefore denied his claim for service connection. The TDIU issue remains pending.

The Board has reopened the Veteran's claim of service connection for discogenic disease, L5-S1 and granted service connection. The Veteran's cervical spine disability is not service connected. Service connection was also granted for lumbosacral strain with degenerative changes, intervertebral disc syndrome (IVDS) L3-4 and erectile dysfunction. Increased ratings were assigned for bladder dysfunction and impairment of sphincter control. Effective dates prior to November 22, 2010 were established for TDIU and DEA benefits.

The Board has remanded the case for further development and to issue a Statement of the Case regarding both issues.

The Board has remanded the Veteran's TDIU claim due to inextricably intertwined issues with his Vocational Rehabilitation & Employment benefits under 38 U.S.C. Chapter 31.

The Board is considering whether new and material evidence has been presented to reopen claims for service connection for various conditions, including bilateral knee disability, cervical condition with neuropathy, headaches, and bilateral hearing loss. The Veteran's previous claims were denied in October 1999, March 2006, and November 2006.,The Board is evaluating whether new evidence has been submitted to reopen these previously denied claims.

The Board granted the Veteran's claims for service connection for PTSD, ED secondary to DM, hypertension secondary to DM, and lumbar and cervical spine disabilities. The Board also granted a TDIU rating.

The Veteran's cervical spine disability is not rated higher than 20 percent, and his bilateral leg stress fractures do not warrant separate compensable ratings. The Board also found that the Veteran did not meet criteria for TDIU prior to March 1, 2012.

The Veteran withdrew his appeals for the issues of entitlement to service connection for bilateral hearing loss, tinnitus, acid reflux, diabetes mellitus, an acquired psychiatric disorder, and a cervical spine disability prior to the Board's decision.

The Veteran's cervical spondylosis is currently rated at 20 percent, and the evidence does not show ankylosis or limitation of motion that would warrant a higher rating.

The Board found that the Veteran's neck and left shoulder disabilities were not incurred or aggravated by service, as there was no evidence of a chronic condition in service or for many years thereafter. The VA examiner concluded that the current cervical spine disability is not related to service.

The Veteran's gastrointestinal disability is found to be present and compensable, meeting the criteria for service connection as an undiagnosed illness. Service connection is denied for low back and neck disabilities.

The Board has remanded the case for further development due to incomplete medical opinions regarding service connection for a cervical spine disability.

The Veteran's claims for increased ratings of his cervical spine, lumbar spine, and left foot disabilities were denied. The Veteran was granted a noncompensable rating for the post-operative residuals of hallux valgus with hammer toe of the left foot.

The Veteran's appeal is being remanded to obtain additional medical records and provide her with a VA examination regarding her cervical spine disorder. The issue of right lateral epicondylitis will be addressed in a statement of the case.

The Veteran's cervical spine disability is rated at 10 percent, and his right upper extremity radiculopathy is rated at 40 percent. The left upper extremity radiculopathy is also rated at 30 percent.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to evaluate the Veteran's right ankle disability. The claim for TDIU is also being remanded.

The Board has dismissed the Veteran's claims for service connection due to lack of jurisdiction as his claims have been granted in full by an August 2015 rating decision.

The Board found that the Veteran's cervical spine disorder is not causally or etiologically related to her service, and it was less likely caused by or a result of military service. The examiner also determined that the Veteran's service-connected lumbar spine disability did not cause or aggravate her cervical spine disorder.

The Board has remanded the case for additional development, including obtaining service medical records and VA treatment records. The Veteran's claims for service connection are pending.