Neck / cervical spine decisions — 2016

The Board has determined that the Veteran's cervical strain, diagnosed less than a year after service and with ongoing complaints of neck pain since then, is related to his military service. Service connection for this condition is granted.

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 her.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, as well as information about the Veteran's time at Camp Lejeune. The claims will be readjudicated based on all received evidence.

The Board has remanded the issues of service connection for left upper extremity neuropathy, left ear hearing loss, increased ratings for right upper extremity radiculopathy and PTSD, as well as compensable ratings for tension headaches and right ear hearing loss due to procedural reasons.

The Board has determined that the Veteran's current neck disability was not incurred in or related to service and denied his claim for service connection. The issue of an increased rating for tension and migraine headaches is pending.

The Board has determined that there is no evidence linking the Veteran's right shoulder, lumbar spine, and cervical spine disabilities to her service or any other occurrence during a qualifying period of service. The conditions are not related to her service-connected left shoulder disability or fibromyalgia.

The Board found that the Veteran's cervical spine and left shoulder disabilities did not manifest during service or within one year of separation, and thus could not be presumed to have occurred therein. The VA medical opinions supported this finding.

The Board has determined that the Veteran's current cervical spine arthritis is related to service, and thus grants service connection for this condition. The issue of left shoulder disability remains pending as there are insufficient records available for a proper evaluation.

The Board has granted service connection for degenerative disc disease of the cervical and lumbar spine, finding that the Veteran's current disabilities are related to his active duty.

The Board has granted service connection for carpal tunnel syndrome, finding that new and material evidence was received to reopen the claim.

The Board has determined that the Veteran's cervical stenosis, status post anterior posterior fusion, and lumbar spinal stenosis with neurogenic claudication are related to his active duty service. As such, the claims for these conditions have been granted.

The Veteran's cervical spine disability is currently evaluated as 30 percent disabling, and the Board finds that this rating adequately reflects the severity of his condition based on the applicable schedular criteria. The Veteran's symptoms are considered in conjunction with the Deluca factors, and no higher rating can be assigned.

The Veteran's cervical sprain has been manifested by pain radiating into the left upper extremity, but does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities prior to August 16, 2013 were rated at 70 percent for PTSD with depression. These conditions rendered him unable to secure and follow a substantially gainful occupation due to his physical impairments.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for cervical degenerative disc disease, left knee degenerative joint disease, or headaches prior to December 6, 2013.

The Veteran's appeals for increased evaluations for thoracolumbar and cervical spine disabilities were dismissed due to the death of the Veteran.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected cervical spine disability, and for obtaining any relevant treatment records. The claim will be reconsidered based on the updated evidence.

The Board has granted service connection for lumbar strain and assigned a 10 percent rating, effective January 2, 2014. The Veteran's claim for left hip bursitis was reopened due to the submission of new evidence, but it remains denied as secondary to lumbosacral strain. The claim for residuals of GSW to the left shoulder was not reopened and remains denied. The Board also granted an increased rating for lumbar strain.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for bilateral hearing loss. The Veteran's original claim was denied in 1994, and no additional evidence has been provided within one year of that decision.

The Veteran's claim for service connection for a cervical spine disorder with neuropathy is being remanded due to the need for additional development, including obtaining VA treatment records and examining his cervical spine.