Neck / cervical spine decisions — 2016

The Veteran's lumbar and cervical spine disabilities are currently rated at 20 percent. The Board finds that the current ratings adequately reflect the severity of these conditions based on the evidence provided.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, as his psychiatric disability does not impair his ability to work, and he is capable of performing sedentary or light physical activity.

The Board has determined that the Veteran's claimed conditions, including left ear hearing loss, cardiac disorder, back disability, and neck disability, were not incurred or aggravated by service. The claim for service connection is denied.

The Board has granted service connection for cervical and lumbar spine disorders, as well as a TDIU rating.

The Board has determined that new and material evidence was not received to reopen the claims for service connection for left and right lower extremity radiculopathy, but new and material evidence was received to reopen the claim for service connection for a neck/cervical spine disability. The Veteran's current neck disabilities are at least as likely as not related to an injury during his 1996 period of active duty for training.

The Veteran's claims for service connection for cervical spine disorder, left hip disorder, left ankle disorder, and transient ischemic attack (TIA) are being remanded due to the need for additional development of her medical records.

The Veteran's service-connected ventral incisional hernia was granted as a result of new and material evidence, but his cervical spine and right shoulder disabilities remain denied.

The Board has remanded the case due to incomplete development and requests for additional records. The Veteran's claims for service connection for degenerative changes of the cervical and lumbar spine, as well as bunions and hammertoes, are pending.

The Board has remanded the case for further development, including obtaining records from FCI Butner, USP Terre Haute, and USP Lewisburg, as well as any court documents related to a civil claim filed in 1986 or 1987. The claims will be reconsidered after these developments.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for an acquired psychiatric disorder (claimed as depression), but denied the claim on the merits. The cervical spine disorder claim was not addressed in this decision.

The Veteran's claims for service connection for hearing loss, tinnitus, hypertension, hepatitis C, and degenerative joint disease of the neck were denied. The Board found that there was no evidence to support a finding of in-service injury or aggravation leading to these conditions.

The Board has remanded the Veteran's claim for a rating in excess of 20 percent for her cervical spine disability due to inadequate discussion and lack of functional loss during flare-ups.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment prior to December 15, 2006.

The Veteran's PTSD has been rated at 30 percent since July 10, 2008. He also received a noncompensable rating for bilateral hearing loss.

The Board found that the Veteran's current multilevel degenerative disc and joint disease is not etiologically related to his active service, including a reported fall off a helicopter during service. The disability was diagnosed many years after service and there is no clear evidence of in-service injury or chronic symptomatology.

The Board has ordered additional development due to the inadequacy of a previous VA examination and the need for an updated medical opinion regarding the Veteran's back and neck disabilities. The issues of service connection for these conditions are being remanded.

The Board found that the Veteran's cervical spine disability did not have its onset in service or within one year of service discharge and is not etiologically related to service.

The Veteran's service-connected degenerative arthritis and sprain of the thoracolumbar spine is manifested by forward flexion to 30 degrees or less, warranting a disability rating of 40 percent.

The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a pre-existing condition in service or within one year after separation. The current cervical spine disorder is not presumed to have been incurred due to exposure to Agent Orange or other environmental factors.

The Veteran's service connection claim for allergic rhinitis was denied as the evidence did not show that his pre-existing condition worsened during service.