Neck / cervical spine decisions — 2016

The Board has remanded the case for further development and examination to address the Veteran's claims of service connection for a psychiatric disability, neck disability, and treatment purposes for teeth other than numbers 23, 24, and 25. The case will be returned to the Board after these actions are completed.

The Board has determined that the Veteran's DJD of the right hand, bilateral ankles, and cervical DDD were not incurred or aggravated by service. The preponderance of evidence is against a finding that these conditions are related to his active duty service.

The Board found no evidence of a current throat disability, left knee disability, right knee disability, or neck disability that is related to service. The Veteran's complaints and diagnoses are not supported by the medical records provided.

The Veteran's claim for service connection for a cervical spine disorder, sleep apnea, PTSD, and an acquired psychiatric disorder other than PTSD was granted. The rating assigned is 70 percent from December 19, 2008 to April 4, 2014 for the acquired psychiatric disorder.

The Board denied the Veteran's claims for service connection for Crohn's disease, a neck condition, and an acquired psychiatric disorder. The Board found that there was no evidence of chronic conditions in service or continuity of symptoms after service, and concluded that the current disabilities are not related to service.

The Board has determined that the Veteran's current right hand, cervical spine, and right shoulder/arm disorders are not related to his in-service injuries or symptoms.

The Veteran's cervical and lumbosacral spine disabilities are currently rated at 20 percent, which is the maximum schedular rating available for these conditions. The VA examinations did not find any ankylosis or incapacitating episodes that would warrant a higher evaluation.

The Board has determined that the Veteran's cervical spine disorder is not related to service and therefore denied his claim for service connection. The issue of entitlement to TDIU remains unresolved.

The Board has remanded the case for additional development due to incomplete records and will consider all evidence before deciding on the claims.

The Veteran's cervical spine disability is currently rated at 30 percent, effective December 2, 2015. The appeal is being remanded due to insufficient evidence regarding the nature and severity of his disability.

The Board has determined that the Veteran does not meet the criteria for an evaluation of 10 percent or higher for his hypertension. For the other claims, the evidence does not support a finding that any of the claimed conditions were incurred in or aggravated by active service.

The Board has determined that the Veteran does not have a current right knee, right ankle, left knee, or left ankle disorder and therefore cannot establish service connection for these conditions.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of his neck and low back disabilities, which were previously denied in February 1971 and May 1972 respectively. The claim is now reopened.

The Veteran's initial rating for his cervical spine disability remains at 10 percent, as the evidence does not show any additional functional loss or impairment that would warrant a higher rating.

The Veteran's claims were granted, with increased ratings for his service-connected disabilities. The initial ratings assigned are within the range of disability severity as determined by VA rating criteria.

The Veteran's cervical spine disorder has not been manifested by unfavorable ankylosis of the entire cervical spine for any time during the appeal period, and his thoracolumbar spine disorder prior to September 15, 2015 was rated at 20 percent. The criteria for a higher rating have not been met.

The Board has reopened the Veteran's claim for service connection for a bilateral hearing loss disability and granted it. The claims for neck and lower back disabilities are pending, with new examinations and medical opinions required to determine their etiology.

The Veteran's appeal is being remanded for additional development of his cervical spine disability claim, including a new VA examination to comply with the requirements set forth in Correia v. McDonald.

The Veteran's appeal is being remanded for further examination and development due to the need to address his claim of obesity as a result of service-connected disabilities.

The Veteran's cervical and lumbar spine disabilities are being remanded for further development, including consideration of the continuity of symptoms since service.