Neck / cervical spine decisions — 2016

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, resulting in a grant of TDIU.

The Veteran's claim for service connection for PTSD has been granted. The remaining claims of service connection for lumbar spine arthritis, right arm disability, left arm disability, and neck disability are pending.

The Board has found that the Veteran's current degenerative joint disease of the cervical spine is related to his in-service complaints and treatment for neck pain, which occurred during active duty service. The Board has determined a continuity of symptoms since discharge from service.

The Veteran was working full-time as a drug task force police officer from January 2005 to May 21, 2011. The Board finds that the service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment during this period.

The Veteran's cervical and thoracolumbar spine disabilities are currently rated as 20 percent for each, but the evidence does not support a higher rating.

The Board has decided to remand the case for further development and examination, as there are questions regarding whether a pre-existing cervical spine disability existed prior to service.

The Board denied the Veteran's claims for increased ratings for his service-connected heart disability, finding that a rating in excess of 30 percent is not warranted prior to April 1, 2009, and granted a 60 percent rating effective from April 1, 2009.

The Veteran's service-connected disabilities, including depressive disorder and degenerative joint disease of the spine and shoulders, effectively preclude her from securing and following substantially gainful employment consistent with her educational and work background.

The Board has determined that the Veteran's current cervical spine disorder and arthritis of the cervical spine are not attributable to service, as there is no evidence of such conditions during or within one year after separation from service. The VA examiners have provided opinions attributing these conditions to normal aging rather than service.

The Veteran's service-connected disabilities do not render him unemployable as a whole, and he is capable of securing and following substantially gainful employment.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for diarrhea, fatigue, GERD, back disability, and carpal tunnel syndrome affecting the bilateral upper extremities. The VA examiner concluded that these conditions are not related to his active duty service.

The Board finds that the Veteran does not have a current diagnosis for ingrown toenails, thoracolumbar spine disability, cervical spine disability, bilateral knee disabilities, or bilateral shoulder disabilities. Therefore, service connection is denied.

The Board found that the Veteran's current cervical spine disability was not incurred or aggravated by active military service and denied his claim.

The Board has reopened the claims for service connection for a right shoulder disorder, skin disorder, and back disorder. The evidence now supports these claims as they are related to the Veteran's service-connected left shoulder disability.

The Veteran's cervical spine disability is currently rated at 20 percent, the highest available rating for this condition. The VA examiner found that forward flexion of the cervical spine was limited to 30 degrees and there were no other findings warranting a higher rating.

The Board has remanded the claims due to incomplete compliance with previous remand directives and the need for further examination.

The Board denied the Veteran's claims for service connection for cervical and thoracolumbar spine disorders, finding that there was no evidence of a causal relationship between his current conditions and his military service.

The Board has remanded the case for further development to determine if the Veteran's alcohol abuse is caused or aggravated by her service-connected disabilities.

The Board has granted a 30 percent rating for degenerative disc disease of the cervical spine effective August 19, 2014. The Veteran's left upper extremity radiculopathy is separately rated and no additional compensation is warranted.

The Board finds that the Veteran's service-connected disabilities do not preclude him from securing and maintaining all forms of substantially gainful employment.