Neck / cervical spine decisions — 2016

The Veteran's service-connected migraine headaches, heart disability, psychiatric disorder (including PTSD), cervical spine disability, thoracolumbar spine disability, left knee disability, and skin disability are found to be secondary to his service-connected right knee disability. The Veteran is granted service connection for these conditions on a secondary basis.

The Board has granted service connection for depressive disorder NOS. The remaining claims are remanded for additional development.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, and therefore the criteria for a TDIU have not been met.

The Veteran's cervical and lumbar spine conditions are being remanded for further examination to determine if they were aggravated by a motor vehicle accident on March 25, 1991. The TDIU claim is also inextricably intertwined with the service connection claims.

The Board has granted service connection for PTSD, finding that the Veteran's current diagnosis of PTSD is supported by evidence of behavior changes related to in-service personal assaults. The other claims are remanded for additional development.

The Veteran's herniated disc in the cervical spine is related to her active duty service and has been granted service connection.

The Board has determined that the Veteran's left knee, cervical spine, right shoulder, and bilateral foot disabilities are all service-connected as they were incurred during his active duty service.

The Veteran's asthma and cervical spine disability were not service connected, and the rating for his cervical spine disability was denied.

The Board found that the Veteran's March 2006 notice of disagreement was not timely, and thus denied his claims for service connection for PTSD, hypertension, diabetes mellitus, a neck condition, and a back condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical opinions regarding the etiology of his current disabilities and obtaining treatment records from the Navy Hospital at Mucosa.

The Board has granted the Veteran's claim of service connection for a cervical disorder, to include a cervical strain and cervical spondylosis. The decision is based on the Veteran's competent and credible reports of cervical pain during his second period of active service and the medical opinion from H.M., M.D., which places the evidence in equipoise.

The Veteran's appeal is being remanded to obtain a new VA examination and additional treatment records, as his symptoms have worsened since the last examination. The claim will be readjudicated based on all evidence.

The Board found that the Veteran's current lumbar and cervical spine disabilities did not have their onset in service or are otherwise related to his military service. The evidence does not support a finding of service connection for these conditions.

The Board granted a higher initial 60 percent rating for the service-connected IVDS of the cervical spine with cervical radiculopathy, effective from April 17, 1990. The Veteran's right and left shoulder disabilities are each rated as 10 percent disabling.

The Veteran's IBS is currently rated at 10 percent after June 2, 2008 and at 30 percent from October 9, 2014. The Board finds that the current ratings adequately reflect his disability picture.

The Board found that the Appellant does not meet the criteria for special monthly dependency and indemnity compensation (SMC or increased DIC) based on need for aid and attendance or being housebound.

The Veteran's claims for service connection for bilateral plantar fasciitis and degenerative disc disease of the cervical spine are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied as the evidence did not support a higher evaluation based on his audiometric test results.

The Board has granted service connection for a cervical spine disability, right knee disability, and seborrheic dermatitis. The Veteran's claims on the issues of entitlement to service connection for a right wrist disability and numbness and tingling of the right arm have been withdrawn.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and a supplemental statement of the case.