Neck / cervical spine decisions — 2016

The Veteran's appeal has been withdrawn. The Board does not have jurisdiction to consider the increased rating claim for hypertension with headaches as the Veteran withdrew his appeal in November 2015.

The Veteran's claim for service connection for headaches, to include as secondary to his service-connected cervical and lumbar spine disabilities, is being remanded due to the need for a new VA examination by a neurologist.

The Board has remanded the case for further development, including consideration of whether new and material evidence has been received to reopen the claim of service connection for a cervical spine disorder. The TDIU issue remains in dispute.

The Board has determined that the Veteran does not meet the criteria for service connection for various conditions, including bilateral eye disability, renal dysfunction, urinary incontinence, heart disability, fecal incontinence, peripheral neuropathy of upper and lower extremities, low back disability, cervical spine disability, bilateral knee disabilities, bilateral ankle disabilities, and bilateral hearing loss. The Veteran's claims have been denied.

The Board has dismissed the appeal for service connection for left upper extremity radiculopathy as secondary to service-connected cervical spine disability. The remaining claim of a rating in excess of 20 percent for service-connected cervical spine disability prior to September 1, 2014, and in excess of 10 percent from that date has been granted.

The Veteran's cervical spine disability was initially rated at 20% prior to October 2, 2001 and has been rated at 30% since September 17, 1998. The effective date for service connection of depressive disorder including PTSD is set at September 17, 1998.

The Veteran has withdrawn his appeals on all issues, and the appeal is dismissed.

The Board has determined that service connection is warranted for a lumbar spine disability, radiculopathy of the lower extremities, cervical spine disability, and arthritis of the bilateral hips. The Veteran's claims for other disabilities are also granted.

The Board has determined that the Veteran's service-connected cervical spine osteoarthritis and degenerative disc and spondylosis of the thoracic spine do not warrant a rating in excess of 20 percent. However, due to his combined disability rating of 90 percent and the severity of his service-connected disabilities, including obstructive sleep apnea, right wrist carpal tunnel syndrome, hypertension, and tinnitus, the Board has granted TDIU.

The Board found no evidence linking the Veteran's current back disabilities to his service, including a thoracic spine injury in 1973. The VA examiner opined that any present cervical and lumbar spine conditions are more likely due to acute soft tissue injuries rather than chronic residuals of the 1973 injury.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his cervical spine disability and consideration of his claim for TDIU.

The Veteran's cervical strain disability is being remanded for additional development, including an addendum VA opinion to address whether it is secondary to his service-connected thoracolumbar strain with degenerative disk disease and residuals of his 11th rib fracture.

The Board denied the Veteran's claims for service connection for migraine headaches and a neck disability, finding that there was no clear and unmistakable evidence of pre-service existence or aggravation during service. The Board also found insufficient medical evidence to establish a nexus between her current disabilities and service.

The Board has determined that the Veteran's cervical spine, left shoulder, thoracolumbar spine, and left hip disabilities are not service-connected as they have not been shown to be causally related to his military service.

The Board denied an evaluation in excess of 20 percent for cervical degenerative disc disease and service connection for throat cancer, claimed as due to exposure to Agent Orange.

The Veteran's appeals for higher initial disability ratings were denied. The VA examinations and medical records did not support the requested increased ratings.

The Board has dismissed the appeal due to withdrawal by the appellant's authorized representative.

The Board has determined that service connection for an acquired psychiatric disorder and a neck disability is not warranted based on the evidence of record.

The Veteran's bilateral plantar fasciitis with metatarsalgia is rated at 10 percent since October 2007, and the cervical spine disability is granted as incurred in service. The left shoulder disability (left arm numbness) is not found to be related to service.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to determine the etiology of his vertigo.