Neck / cervical spine decisions — 2016

The Veteran's cervical spondylosis with degenerative disc disease is rated at 30 percent, and his radiculopathy of the right and left upper extremities are each rated at 20 percent.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's claim of service connection for a neck disability is pending.

The Veteran's claims for service connection for PTSD, an acquired psychiatric disorder other than PTSD, a joint disability, a gastrointestinal disability, a lumbar spine disability, and a cervical spine disability have all been denied. The VA examinations did not find any current diagnoses of these conditions.

The Veteran's appeal is being remanded for further development and examination to address the issues of service connection, rating for DDD at L3-L4, and TDIU.

The Veteran's back disability (other than cervical myositis) is not related to service or a service-connected disability. The Veteran's headache disability has not been linked to his service-connected cervical myositis.

The Veteran's cervical radiculopathy, right and left upper extremities associated with cervical spondylosis with disc disease, status post larninectomy, has manifested as subjective complaints of forearm paresthesias, lightning-like pain from the neck down to his arms, numbness and tingling sensation in his digits, and weakened grip due to slightly decreased muscle strength. The criteria for an initial rating in excess of 20 percent have not been met.

The Veteran withdrew his appeals for reopening a claim of service connection for a neck disability, as well as for ratings in excess of 40 percent for a low back disability and right foot cold injury residuals, and for ratings in excess of 20 percent for left lower extremity and right lower extremity peripheral neuropathy. The Board has dismissed these appeals.

The Board has granted service connection for a neck/trapezius disability, finding it as likely as not incurred during active duty.,Regarding the claim for an increased rating for HSV, the Veteran's use of systemic therapy was found to be less than constant or near-constant. The Board denied this claim.

The Board denied service connection for low back disability, cervical spine disability, and bilateral carpal tunnel syndrome as the Veteran's conditions did not manifest within one year of separation from active duty or are not related to his military service.

The Veteran's lumbar spine disability was rated at 40 percent effective November 20, 1989. The claim for a higher rating is moot due to the grant of a single 60 percent rating for his combined spine disabilities. A separate 10 percent rating for left cervical radiculopathy has been granted and remains in effect. Effective November 20, 1989, the Veteran's TDIU and DEA eligibility were established.

The Board found that the preponderance of evidence is against finding that the Veteran's cervical spine disorder, to include arthritis, and thoracolumbar spine disorder are related to or resulted from his military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address his claims for service connection.

The Board has determined that the Veteran's left shoulder and cervical spine disabilities are as likely as not related to his service-connected low back and bilateral knee disabilities, and thus grants service connection for these conditions.

The Veteran's cervical spine disability is currently evaluated as 30 percent disabling, and the Board finds that this rating is not warranted for a higher evaluation.

The Veteran's sleep apnea, skin condition (including actinic keratosis, seborrheic keratosis, and basal cell carcinoma), and cervical spine disability are all found to be related to his service.,There is no indication of any presumptive conditions or exposure basis for these conditions.

The Board has determined that the Veteran does not have a current disability of the lumbar spine, cervical spine, right shoulder, left shoulder, or left lower extremity that is related to his active military service.

The Veteran's pes planus is service-connected and rated at 10 percent, effective October 21, 2004. The Board has granted service connection for this condition on a secondary basis due to aggravation by his service-connected low back and bilateral knee disabilities.,The Veteran meets the schedular requirements for a TDIU rating based on his combined 80 percent disability rating from his psychiatric, low back, and bilateral knee conditions. The Board has granted a TDIU rating in this case.

The Board has granted service connection for bilateral plantar fasciitis and right elbow s/p knot removal; and to left elbow-arm secondary to left shoulder. The Veteran's other claims were not supported by the evidence of record.

The Veteran has withdrawn their appeals regarding the issues of service connection for a cervical spine disability, including as secondary to service-connected lumbosacral spine and right leg disabilities, and an increased disability rating in excess of 40 percent for scoliosis of the lumbosacral spine with strain.

The Board denied a disability rating in excess of 20 percent for the Veteran's degenerative disc disease of the cervical spine, finding that his impairment was analogous to forward flexion greater than 15 degrees without spinal ankylosis or prescribed bed rest.