Neck / cervical spine decisions — 2016

The Veteran's cervical strain has been rated at 20 percent since February 2008. The VA examinations and treatment records show that the Veteran’s range of motion is no worse than 20 degrees, which does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board finds that the Veteran's right shoulder pain is not a separate disability, but rather secondary to her service-connected cervical spine degenerative disc disease and right upper extremity radiculopathy.

The Veteran's service connection claims for various conditions were granted, with specific evaluations assigned. The lumbar spine condition was initially evaluated as not meeting the criteria for a higher evaluation prior to February 17, 2011 and from August 16, 2011 onwards. For cervical spine disability, initial compensable evaluation was denied prior to August 16, 2011 but granted at 20 percent thereafter. The left shoulder condition received a compensable evaluation starting from August 16, 2011. Right knee and benign prostatic hypertrophy conditions were initially evaluated as non-compensable. Right-side sciatica was evaluated as moderately severe since January 27, 2015. Hemorrhoids did not meet the criteria for a compensable evaluation.

The Veteran's lumbar strain with degenerative changes was not manifested by forward flexion of the thoracolumbar spine limited to 60 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. Therefore, a rating in excess of 10 percent is denied.

The Veteran withdrew the issue of entitlement to an initial rating in excess of 10 percent for tinnitus from appellate consideration.

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and providing a VA examination to determine if his cervical spine and left upper extremity conditions are related to service-connected lumbar spine disability.

The Veteran's appeal is being remanded due to the unavailability of the hearing officer who conducted his April 2014 hearing. The Veteran will be scheduled for a video conference hearing before the Board at the RO.

The Board found that the Veteran's cervical spine disability did not manifest during or as a result of active military service, and denied his claim for service connection. For his lumbar spine degenerative disease, the Board determined that the evidence supported a rating in excess of 20 percent.

The Veteran was still gainfully employed prior to June 1, 2009 and thus is not entitled to a total disability rating based on individual unemployability for that period.

The Veteran's appeal was denied for service connection of low back disability, left lower extremity numbness, right lower extremity numbness, and left upper extremity numbness. The initial evaluation for fracture of the right little finger was granted with a 10% rating. Service connection for TBI prior to October 23, 2008, and PTSD since that date were both granted with increased ratings. Finding of total disability based on individual unemployability (TDIU) was granted prior to December 20, 2010. Special monthly compensation based on statutory housebound status (SMC/HB) was granted.

The Board found that the Veteran's cervical strain and bilateral knee disorder did not manifest during service or are otherwise related to her active duty, thus denying her claims for service connection.

The Board found that the Veteran's cervical spine and right shoulder disabilities were not incurred in service, nor may they be presumed due to exposure to Agent Orange or other environmental factors. The preponderance of evidence is against a finding that these conditions are related to his military service.

The Board has determined that additional examinations and records are needed to properly adjudicate the Veteran's claims for service connection. The case is therefore REMANDED.

The Veteran's appeal is being remanded for additional development to determine the current severity of her service-connected degenerative disc disease of the lumbar spine and cervical spine, including any associated neurologic abnormalities. The TDIU claim will also be remanded in conjunction with these increased rating claims.

The Veteran's appeal has been withdrawn by his attorney prior to the Board's decision.

The Veteran meets the schedular criteria for TDIU from February 1, 2014; his service-connected disabilities combine to render him unable to secure and maintain substantially gainful employment.

The Veteran's service-connected intervertebral disc syndrome and degenerative arthritis with loss of cervical lordosis, as well as his chronic lumbosacral strain, were granted increased disability ratings. The rating for the intervertebral disc syndrome was set at 30 percent effective from June 5, 2014.

The Veteran's service-connected lumbar spine, cervical spine, and bilateral knee disabilities are being remanded for further evaluation as his symptoms have worsened since the last VA examination in June 2013.

The Veteran's post-operative cervical spine scar is not disfiguring, does not cause limitation of function, and does not meet the criteria for a compensable rating under any applicable diagnostic code.

The Board has ordered a remand to obtain additional medical opinions and workers compensation records, as well as to ensure compliance with the Veteran's request for a hearing.