Neck / cervical spine decisions — 2016

The Veteran's appeals have been dismissed as he withdrew his appeal in writing.

The Board found that the Veteran's cervical spine condition did not manifest during service and is not otherwise related to his active duty. The right upper extremity radiculopathy was also not shown to be directly related to a service-connected disability.

The Board denied the Veteran's claims for service connection for diabetes mellitus, and denied his increased rating claims for lumbar spine disability and cervical spine disability. The Veteran was also denied TDIU.

The Veteran's claims for earlier effective dates for benefits under 38 U.S.C.A. § 1151 were denied as there was no formal or informal claim filed between the date of his appeal withdrawal and the submission of his petition to reopen.

The Veteran's appeal regarding the issues of bilateral hearing loss, bilateral wrist disability, sleep apnea, and residuals of meningitis has been withdrawn.,The Veteran's bilateral pes planus clearly and unmistakably pre-existed active duty service and was not incurred or aggravated by such service.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination by an orthopedic specialist to determine the nature and etiology of the Veteran's right shoulder, left shoulder, and cervical spine disorders.

The Board has granted service connection for cervical and lumbosacral spine disabilities, but dismissed the request for an earlier effective date for the right wrist disability.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or by reason of being housebound.

The Veteran's cervical and lumbar spine disabilities were evaluated, but the criteria for a higher rating prior to September 24, 2012, and as of that date, did not meet the requirements for any increased ratings.

The Board has reopened the Veteran's service connection claim for cervical strain disability and granted service connection based on evidence showing a relationship to her military service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service treatment records and private medical records.

The Veteran's urinary incontinence is rated at 40 percent, and the Board has granted a higher rating of 60 percent based on his need to change absorbent materials more than four times per day due to urine leakage.

The Board has determined that the Veteran's cervical esophageal stricture with cervical dysphagia is related to active service and grants this claim. The gastrointestinal disorders are being remanded for further examination and opinion.

The Veteran's appeal involves multiple service-connected and non-service connected disabilities, including those related to a November 1981 motor vehicle accident. The claims for service connection are being remanded due to the need to obtain updated VA treatment records and SSA records.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran's current neck disorder is related to service, including injuries sustained during his year of service in Vietnam. The appeal will be readjudicated after obtaining this opinion.

The Board found that the Veteran's current cervical spine disability is not related to service, and thus denied his claim for service connection.

The Veteran's appeal is denied as his service-connected conditions are not rated higher than the current assigned ratings.

The Board has remanded the case due to inadequate VA examination for cervical spine disability and a need to issue an SOC regarding the claim of higher rating for lumbar spine condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the Veteran with examinations to assess his lumbar spine and hemorrhoid disabilities, as well as determining the nature and etiology of any cervical spine disability. The claims will be readjudicated after these actions.

The Board incorrectly applied the law, finding clear and unmistakable evidence that a cervical sprain existed prior to service but failed to consider whether it was aggravated during service. The decision is revised due to this error.