Neck / cervical spine decisions — 2016

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, and scheduling a new examination.

The Veteran's appeal is being remanded due to the need for a new hearing before a Veterans Law Judge.

The Veteran's service-connected disabilities have been rated based on their direct effects, with a rating of 20 percent for the cervical spine disability. The other conditions are not rated separately as they are considered part of the overall cervical spine disability.

The Board found that neither the cervical spine nor bilateral ankle disorders are due to disease or injury incurred in active service, and denied both claims.

The Veteran's cervical spine IVDS was not rated higher than 20 percent from November 16, 2011, to October 6, 2014.,For the period beginning November 16, 2011, but no earlier, the Veteran's lumbar spine IVDS warranted a 40 percent rating effective April 21, 2015.

The Board denied the Veteran's claim for an earlier effective date for service connection due to a lack of evidence showing entitlement prior to January 26, 2007. The Veteran argued that new service records showed he initially injured his neck during service, but this was not considered as it did not change the outcome based on the April 1988 rating decision.

The Veteran's headaches and cervical strain were granted initial compensable ratings, with the headache rating increased to 50% effective December 9, 2009. The right upper radicular nerve group associated with his cervical spine disability was also granted a separate 20% rating.

The Veteran's claims for service connection and increased rating for gout are being remanded due to inadequate medical opinions in the original decision.

The Board denied service connection for bilateral hip arthritis and DJD of the cervical spine, finding that there was no chronic in-service or post-service evidence linking these conditions to the Veteran's active duty service.

The Board determined that the Veteran's cervical spine disorder, to include cervical radiculopathy, was not incurred in or aggravated by service and is unrelated to service. The claim for service connection has been denied.

The Veteran's appeal is being remanded due to the need for additional information from Social Security Administration (SSA) records. The case will be reconsidered after these records are obtained.

The Veteran's maxillary/frontal sinusitis, cervical spine disability, and bilateral upper extremity radiculopathy are service-connected. The Veteran's right ear hearing loss is not service-connected, but his left ear hearing loss is service-connected.

The Board found that the Veteran did not have a current right shoulder disorder and denied service connection for both right shoulder and cervical spine disorders, finding no evidence of onset during active service or causation by service-connected TMJ.

The Veteran's claim for service connection for a cervical spine disability, to include as secondary to his service-connected low back disability, is being remanded due to inadequate rationale in the VA examiner's opinion.

The Board has granted service connection for cervical spine syringomyelia. The issue of service connection for degenerative disc disease and arthritis of the lumbar spine is addressed in the REMAND portion.

The Board has determined that the Veteran's advanced degenerative conditions and pathology in his cervical, thoracic, and lumbar spine were caused or permanently aggravated by his active military service.

The Veteran's claims for service connection were denied, and the RO increased his back disability rating to 20 percent effective October 3, 2011. The Veteran was not granted any other benefits.

The Veteran's current cervical spine disability of cervical degenerative changes is found to have developed as a result of her active service, and thus service connection is granted.

The Veteran's cervical spine disability is rated at 20 percent, and the Board finds that a higher rating is not warranted. The Veteran's service-connected disabilities do not preclude substantially gainful employment.

The Veteran's cervical and lumbar spine conditions were found to have onset during active service, with the Board granting service connection for these disabilities.