Neck / cervical spine decisions — 2016

The Veteran's cervical spine disability was found to warrant a 10 percent rating from June 24, 1993 to May 14, 2014 and no higher. From May 14, 2014 onwards, the disability warrants a 20 percent rating.

The Board finds that the Veteran's cervical spine fusion is a congenital defect and service connection for such condition is not warranted.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and failure to comply with prior remand instructions.

The Veteran is seeking service connection for various conditions, including a right ankle condition and its secondary effects on his knees, hips, back, and carpal tunnel syndrome. The Board will review the evidence to determine if new and material evidence has been submitted and to decide whether these claims should be granted.

The Veteran's current cervical spine disability, diagnosed as cervical spondylosis and cervical degenerative discogenic disease predominantly at C4-5 with moderate degenerative changes at C5-6, is related to a neck injury sustained during Active Duty for Training (ACDUTRA) service in April 1992. The Board finds that the Veteran's disability meets the criteria for service connection.

The Veteran's cervical spine disability is currently rated at 30 percent, and her lumbar spine disability is currently rated at 20 percent. Both disabilities are denied as the evidence does not show ankylosis or incapacitating episodes that would warrant higher ratings.

The Board has determined that the Veteran's low back disorder is related to his active service and grants service connection for this condition.

The Veteran withdrew his appeals for increased evaluations in all three issues before the Board.

The Board has determined that the Veteran's current cervical spine degenerative disc disease with stenosis is related to his military service and grants service connection for this condition.

The Veteran's cervical spine degenerative changes have been rated at 10 percent since October 1, 2009. The VA examiner found full range of motion and no additional limitation due to pain or fatigue.,For the thoracic scoliosis and DDD, the Veteran has a combined ROM of 240 degrees, which is below the threshold for a higher rating under Diagnostic Code 5242 (degenerative arthritis of the spine). The examiner did not find any additional limitation due to pain or fatigue.

The Board has granted the Veteran's claims for service connection for bilateral lower extremity sciatica/lumbar radiculopathy and bilateral upper extremity cervical radiculopathy, finding that these conditions are secondary to his service-connected lumbar spine and cervical spine disorders. The claim for service connection for bilateral carpal tunnel syndrome is remanded.

The Veteran's claim for a rating in excess of 10 percent for cervical spondylosis with degenerative disc disease is being remanded due to the need to obtain outstanding Social Security Administration (SSA) records and reissue the supplemental statement of the case.

The Veteran's claims for higher evaluations for his cervical and lumbar spine disorders have been denied.,Higher ratings are not warranted as the evidence does not show that the Veteran's conditions meet or approximate the criteria for a next higher rating under any applicable diagnostic code.

The Veteran does not have current diagnoses of left ankle, cervical spine, or lumbar spine disorders. The Board finds the evidence against a finding that these conditions are related to service.

The Board found that the Veteran's current low back and cervical spine disabilities are not related to his military service, thus denying his claims for service connection.

The Veteran's appeal was dismissed as he withdrew his appeal regarding the issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for syncope.

The Board has determined that the Veteran's current cervical spine disorder is related to his in-service parachute accident, and service connection for post-traumatic degenerative changes with myofascial pain is granted.

The Veteran's appeal is being remanded for additional development to ensure that the record contains sufficient medical evidence to properly evaluate his cervical spine disorder and left knee disabilities.

The Board has found no evidence of a chronic cervical spine disability in service or continuity of symptomatology after service. The VA examiner opined that the Veteran's current cervical disability is less likely related to his service, and thus denied the claim for service connection.

The Veteran's cervical spine disability was found to have moderate limitation of motion prior to May 1, 2010, and flexion limited to 15 degrees beginning May 1, 2010. The current ratings do not meet the criteria for a higher rating.