Neck / cervical spine decisions — 2017

The Board found no evidence of a current cervical spine disorder and concluded that the Veteran's claim for service connection was denied.

The Veteran's cervical spine disability and headaches are being remanded for additional development to determine their etiology, as the previous VA examinations were inadequate. The TDIU claim is also inextricably intertwined with these issues.

The Veteran withdrew his appeals for the issues of service connection for cervical spine, right lower extremity condition, left lower extremity condition, and lumbosacral spine conditions.

The Veteran's claims for service connection of his left shoulder degenerative joint disease and cervical spondylosis are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, as well as a disability manifested by memory loss and weight gain. The evidence does not support a finding that these conditions are related to his military service.

The Board has denied the Veteran's claims of service connection for chemical burn residuals, coronary artery disease, and hypertension as new and material evidence was not received. The low back disability, neck disability, arthritis of the legs, right hand arthritis, elbow disability, high cholesterol, diabetes mellitus, bilateral hearing loss, left ear sensorineural hearing loss, tinnitus, stomach problems, and sinus problems were denied due to lack of in-service event, injury, or disease.

The Veteran is granted a 50 percent rating for depressive disorder, and the low back disability is rated at 40 percent prior to July 25, 2016, with no higher. The right knee and left ankle disabilities are each rated at 10 percent, while the right shoulder and cervical spine disabilities are also rated at 10 percent.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the etiology of his cervical spine disability and reassess the severity of his service-connected lumbosacral strain disability. The issue of TDIU is also inextricably intertwined with these issues.

The Board denied service connection for lumbar spine disorder and cervical spine disorder, finding that the Veteran's current conditions were not causally related to his military service or a service-connected disability.

The Veteran withdrew his claims for service connection for TMJ, prostatitis, atherosclerotic cardiovascular disease, a left elbow disability, GERD, migraines (to include as secondary to obstructive sleep apnea), right ear hearing loss, and hypertension during his October 2016 Board hearing.

The Veteran's initial ratings for cervical and lumbar spine disabilities were granted, with a 20% rating assigned for the cervical spine from March 1, 2007 to January 9, 2013. The Veteran's lumbar spine disability was rated at 20% from March 1, 2007 to January 9, 2013 and then increased to 40% from January 10, 2013 to June 8, 2017.

The Veteran's cervical spine disability is granted service connection, while his seizure disorder claim is denied.

The Board found that there is no evidence of a cervical spine disability or an acquired psychiatric disorder during service, and the Veteran's current conditions are not related to his active duty. Therefore, service connection for these conditions was denied.

The Board found no evidence of a current sacroiliac disorder or right hip disorder related to service, and denied the claims for these conditions.,For sleep apnea, the Board determined there was insufficient evidence linking it to service, including the service-connected psychiatric disability. The claim was also denied.

The Veteran withdrew his appeals for service connection for degenerative joint disease of the cervical spine, to include as due to right knee arthritis, status post total right knee replacement.,The Veteran withdrew his appeals for service connection for a thoracic spine disability, to include as secondary to right knee arthritis, status post right knee replacement.,The Veteran withdrew his appeal for an evaluation in excess of 30 percent for arthritis of the right knee, status post total right knee replacement from December 1, 2013.,The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU) prior to June 1, 2014.

The Veteran's neck disability is not service-connected due to lack of evidence linking it to his military service.,The Veteran's polyneuropathy of the upper extremities is not service-connected as there is no link between his current condition and his military service, including presumed herbicide exposure.

The Veteran's cervical spine disability is currently rated at 30 percent, reflecting severe incomplete paralysis of the left upper extremity (left arm). The right upper extremity neurological disability has also been rated at 40 percent.

The Veteran's service-connected chronic lumbar strain is rated at 10 percent, and she was granted a rating in excess of the current 10 percent for this condition. The Board found no evidence to support additional ratings based on her complaints or examination findings.

The Board found that the Veteran does not have a current diagnosis of a left wrist disability and denied service connection for bilateral wrist disabilities. The Board also found that the Veteran has tinnitus that is at least as likely as not incurred in service, granted service connection for tinnitus. Service connection was denied for bilateral plantar warts and neck disability due to lack of evidence linking these conditions to service.

The Veteran's cervical spine disorder is related to his in-service neck injury and granted service connection.,There is no evidence of a current hip or thigh disorder, and thus service connection for these conditions is denied.,There is no evidence of a current groin disorder (including inguinal hernia and epididymitis), and thus service connection for this condition is denied.,The Veteran's bilateral pes planus was noted on his service entrance examination and did not increase in severity during service, so service connection is denied. His arthritis of the feet is also denied as it did not manifest within one year after service or to a compensable degree.,Service connection for tinnitus is denied because there is no evidence of chronicity in service or continuity of symptomatology since service.,The Veteran's left knee arthritis is denied as it manifested many years after service and is not related to his in-service knee injury. Similarly, the right knee arthritis is also denied.,reasoning for decision_summary_1