Neck / cervical spine decisions — 2016

The Board has determined that the Veteran's claimed back, cervical spine, left-sided neurological condition, and right hip disabilities are not related to service. The current diagnoses do not meet the criteria for service connection.

The Veteran's cervical radiculopathy with paresthesias of the right upper extremity and right carpal tunnel syndrome is rated at 20 percent since May 12, 2004. The effective date for this rating has been granted as May 12, 2004.

The Veteran's appeal includes claims for various disabilities, including upper cervical strain, degenerative arthritis of the left knee, bilateral hearing loss, and several psychiatric, musculoskeletal, and respiratory conditions. The Board has ordered a remand to address these issues due to the need for additional development.

The Veteran's service-connected PTSD has been productive of occupational and social impairment with reduced reliability and productivity, warranting a 50 percent disability rating. The cervical spine disability is related to service but the exact nature of its connection remains unclear.

The Board denied the Veteran's claim for an initial rating higher than 10 percent for his service-connected cervical spine strain, finding that the evidence did not establish functional limitation sufficient to warrant a higher evaluation.

The Veteran's PTSD, migraine headaches, cervical spine degenerative changes including disc protrusion and myositis, right carpal tunnel syndrome, erectile dysfunction, dermatitis and tinea versicolor (previously shown as pityriasis versicolor), and arthritis have been granted service connection. The Veteran did not meet the criteria for increased ratings in excess of 30 percent prior to July 25, 2010, and in excess of 50 percent thereafter, for depressive disorder.

The Board finds that the Veteran's current neck disability is proximately due to his service-connected hemiparesis, and grants the claim for service connection.

The Veteran's appeal for a combined rating in excess of 20 percent for his right knee disability has been withdrawn. The case is being remanded to determine if the Veteran was unemployable due to service-connected disabilities prior to November 2009.

The Board has determined that the Veteran's neck disability is not related to his military service and therefore denied his claim for service connection.

The Veteran's cervical and thoracic spine arthritis were not found to be related to his active military service or to his service-connected right or left shoulder disorders. Service connection for the right arm neuropathy was also denied.

The Veteran's appeal is being remanded due to a scheduling issue for his hearing. The case will be returned to the Board for further action.

The Veteran's hearing loss is not service-connected as it does not appear to be related to his in-service noise exposure.,His cervical spine disability and left knee condition are not service-connected, with the most likely explanation being that they developed due to natural aging processes rather than service.

The Veteran's appeals for higher ratings on several conditions and special monthly compensation (SMC) have been withdrawn prior to the Board making a decision.

The Veteran's cervical myelopathy is determined to be caused by VA staff negligence in delaying diagnostic procedures, resulting in his condition worsening. The seizure disorder is found not to be related to service or a head injury sustained during service.

The Veteran's cervical spine disability is currently rated at 30 percent, effective September 3, 2014. His allergic rhinitis has been assigned a non-compensable evaluation.

The Board found that the Veteran's cervical spine disability did not manifest during service or for many years thereafter, and is not shown to be causally related to his active service. The Board also determined that it was less likely than not caused by or aggravated by his service-connected lumbar spine disability.

The Veteran's appeal is being remanded to provide necessary assistance in substantiating his claims, including scheduling VA examinations for the thoracolumbar and cervical spine disorders and residuals of chest injury.

The Veteran is seeking service connection for a cervical spine disability, which he claims was caused by in-service injuries and/or related to his service-connected back disability. The Board has determined that additional development is needed before the issue can be properly adjudicated.

The Veteran's claims for increased ratings and service connection were denied. The current disability ratings for his degenerative joint disease of the right shoulder, elbow, cervical spine, and lumbar spine are all 10 percent.