Neck / cervical spine decisions — 2016

The Board finds that the Veteran does not have a current low back or cervical spine disability, and thus service connection for these conditions is denied.

The Board has determined that the Veteran's claimed neck, shoulder, and head disorders are not related to service. The evidence does not support a finding of in-service injury or disease for any of these conditions.

The Board finds that service connection for cervical spine degenerative disc disease and degenerative joint disease is granted, as the evidence supports a finding of continuity of symptomatology since service.

The Veteran's DDD of the cervical spine with IVDS of circumflex nerve status-post discectomy C5-6 is rated at 20 percent effective from June 29, 2011. The Veteran's peripheral neuropathy right upper extremity associated with DDD of the cervical spine with IVDS of circumflex nerve status-post discectomy C5-6 was also granted a separate compensable rating.

The Board has remanded the case for a Travel Board hearing before the RO, and to update the Veteran's claims file with his current address.

The Board denied the Veteran's claims for increased disability ratings for his service-connected cervical spine, right foot disabilities, and multiple scars on the right thumb. The reduction in the rating for the service-connected right shoulder disability from 20 percent to 10 percent effective May 26, 2011 was found to be proper.

The Veteran's disability ratings for his cervical spine disorder and left upper extremity radiculopathy were granted, with the left C6-C7 herniated disc rated at 10 percent from October 29, 2010, to April 2, 2013, and 20 percent thereafter; the cervical radiculopathy of the left upper extremity was also rated at 20 percent since October 16, 2012.

The Veteran's claim for service connection for a bilateral foot condition (trench foot) has been reopened. The other issues remain pending and are evaluated on their merits.

The Board has determined that the appellant's neck and low back disabilities are not related to his service, specifically because he was not in federalized National Guard service when these injuries occurred. As a result, the claims for service connection have been denied.

The Veteran's cervical spine disability is being remanded for additional development, including obtaining service treatment records and a VA examination to determine the nature and etiology of any cervical spine disabilities found upon examination.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting the grant of SMC based on this need.

The Board has granted the Veteran's claim for service connection for a right hip disability, diagnosed as osteoarthritis. The remaining issues are addressed in the REMAND that follows.

The Board has granted service connection for cervical and lumbosacral spine disorders, each assigned a 10 percent disability rating, effective July 26, 2004. The right ankle claim remains on hold as it is not part of the current appeal.

The Board denied the claim, finding that there is no competent evidence to support a nexus between the Veteran's current cervical spine disorder and his service.

The Board has determined that the Veteran's claimed back, neck, and respiratory disabilities were not incurred or aggravated during his active service. The evidence does not support a finding of service connection for these conditions.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine was manifested by forward flexion greater than 30 degrees and combined range of motion of the thoracolumbar spine greater than 120 degrees. The effective date for the award of service connection is assigned from September 15, 2008.

The Board has raised questions about the exact nature and etiology of the Veteran's cervical, lumbar spine, and right knee disabilities. The case is being remanded for further development to clarify these issues.

The Board has determined that a remand is necessary to obtain additional medical opinions and records in order to properly adjudicate the Veteran's claims for service connection.

The Veteran's service-connected cervicogenic headaches are currently rated as 0 percent disabling, and his cervical spine strain is rated as 10 percent disabling. The Board finds that neither condition warrants a higher rating based on the current evidence of record.

The Board has determined that the Veteran does not have a diagnosed left knee disability, and his service-connected lumbar spine and cervical spine disabilities do not meet the criteria for higher ratings. The Veteran's tinea pedis is rated appropriately, as are his hearing loss and CTS. His acquired psychiatric disorder, right ankle condition, and head injury with headaches and myofascial pain syndrome do not warrant increased ratings. Finally, the Board has determined that the Veteran meets the criteria for TDIU based on his service-connected disabilities.