Neck / cervical spine decisions — 2016

The Board is remanding the claims for service connection for bilateral pes planus, hearing loss, residuals of a deviated nasal septum (withdrawn), left ankle disorder, bilateral knee disorder, bilateral hip disorder, heart disorder, hypertension, gastroesophageal reflux disease (GERD), and obstructive sleep apnea. The Board is also remanding the claim for an initial rating higher than 50 percent for PTSD.

The Veteran's claims of entitlement to service connection for bilateral shoulder, hand, cervical spine, and lumbar spine disabilities have been remanded due to inadequate opinions in the prior VA examination reports. Additional development is required.

The Veteran's cervical spine strain and right knee disability were rated at their maximum levels, with no additional ratings granted.

The Board is remanding the case for further development, including obtaining a supplemental opinion from the February 2014 examiner regarding whether the Veteran's cervical spine disability was aggravated by his service-connected lumbar strain and TBI.

The Veteran's service-connected disabilities, including diabetes mellitus and peripheral neuropathy, are presumed to have been incurred in service. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has granted the Veteran's petition to reopen his claim for service connection for cervical spondylosis with referred pain to shoulder and right arm. The issue of whether service connection is warranted remains pending.

The Board has remanded the case due to incomplete development of service treatment records and need for an addendum opinion regarding the Veteran's spine disorders.

The Veteran's claim is being remanded due to the need for additional evidence regarding his compensation benefits withheld in 2014. The Board will review and adjudicate this claim again after receiving any supporting evidence from the Veteran.

The Board found that the Veteran's current cervical spine disability is not related to his active duty service or any service-connected condition, and thus denied his claim for service connection.

The Veteran's cervical spine disability and lumbar spine disability were evaluated as 10 percent prior to April 16, 2013. From April 16, 2013, the Veteran's cervical spine disability was rated at 30 percent and his lumbar spine disability was rated at 40 percent.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his claims for Hepatitis C and cervical spine DJD. The VA will need to ensure that the file contains all relevant records, including updated treatment records.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide the Veteran with VA examinations.

The Veteran's service-connected disabilities, including degenerative disease of the cervical spine, PTSD, degenerative disease of the lumbar spine, diabetes mellitus type II, left upper and lower extremity peripheral neuropathy, and residual scars, rendered him unable to care for himself. The Board found that he required regular aid and attendance due to his service-connected disabilities.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's back, right knee, and right ankle disabilities are under review.

The Board has determined that the Veteran's cervical and lumbar spine disorders, to include degenerative disc disease involving each portion of the spine, are at least as likely as not etiologically related to his military service. Therefore, service connection is granted for these conditions.

The Board finds that the Veteran's cervical spine disability was incurred in service and is related to his right shoulder disability. The claim for secondary service connection for right upper extremity radiculopathy is also granted.

The Veteran's appeal for service connection for bilateral hearing loss and initial evaluations for his PTSD, major depressive disorder, mechanical cervical muscle strain, and mechanical lumbar strain have been withdrawn. The case is being remanded to obtain updated VA treatment records and a neurological examination.

The Board found that the Veteran's service-connected cervical spine strain did not result in left upper or lower extremity numbness and pain, and denied all claims.

The Veteran's cervical spine disability was not incurred or aggravated by service, and the Board finds that it is less likely than not related to his military service.