Neck / cervical spine decisions — 2016

The Board has granted the Veteran's claims for an effective date of March 24, 2006 for service connection and a temporary total evaluation due to convalescence following his cervical spine surgery.

The Veteran's appeal for a higher rating for cervical spine degenerative arthritis was denied, and the issues of service connection for sleep apnea and TDIU were also denied.

The Veteran requested to withdraw all issues on appeal, including the ones related to cervical spine disability. The Board has dismissed the appeal due to this request.

The Veteran withdrew his appeal for an increased rating for cervical spine degenerative joint disease before the Board could make a decision.

The Veteran's appeals for higher initial ratings and an earlier effective date were denied. The appeal regarding the lumbar spine disability, cervical spine disability, right shoulder sprain, left ankle sprain, allergic rhinitis, and tension headaches is pending.

The Board has determined that the Veteran's neck injury and headaches did not have their onset in service or within a year of discharge, and there is no credible evidence linking these conditions to military service.,There is insufficient evidence to establish a link between any diagnosed psychiatric disorder and military service.

The Veteran's cervical spine disability is rated at 20 percent since October 25, 2011. The Board finds that the evidence does not support a higher rating for any period prior to October 25, 2011.

The Veteran's cervical spine DJD was initially evaluated at 20 percent prior to December 29, 2011. From December 29, 2011 to December 17, 2014, the evaluation was increased to 20 percent. Since December 17, 2014, a higher evaluation of 40 percent for lumbar strain with DJD is warranted.

The Board has ordered additional development due to the need for a VA examination to assess the severity of the Veteran's cervical spine disability, including any associated objective neurologic abnormalities. The appeal is remanded to allow for this assessment.

The Board denied entitlement to referral for extraschedular consideration of the ratings assigned to the Veteran's service-connected degenerative changes of the cervical spine prior to June 12, 2008.

The Board has determined that the Veteran's neck injury and headaches did not have their onset in service or within a year of discharge, and there is no credible evidence linking these conditions to military service.,There is insufficient evidence to establish a link between any diagnosed psychiatric disorder and military service.