Neck / cervical spine decisions — 2017

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by active service and is not proximately due to a service-connected disability. The Veteran's bilateral hearing loss disability, however, was incurred during active service.

The Veteran's claims for service connection for cervical spine disability, peripheral neuropathy of the right and left upper extremities, heart disability, and shoulder disabilities have been denied as there is no evidence showing these conditions were incurred during active service or within one year following separation.,There was no indication any of the listed diagnoses (cervical spine, upper extremities, heart, and shoulders) were etiologically related to active service.

The Board found that the Veteran did not meet the criteria for a higher rating for his right great toe or cervical spine disabilities. The effective dates for the awards of service connection for radiculopathy and TMJ disability were granted, but not earlier than April 6, 2010.

The Veteran's appeal was withdrawn regarding several issues, including service connection for various conditions. The current ratings for bilateral pes planus and hearing loss are denied as they do not meet the criteria for a higher rating.

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records and providing an addendum opinion from the April 2017 neck conditions disability benefits questionnaire examiner regarding functional loss due to pain, weakness, fatigability or incoordination during flare-ups.

The Board has determined that the Veteran's acquired psychiatric disorders are related to his military service, and his cervical spine disorder is not shown to be causally or etiologically related to any disease or injury during service.

The Board has reopened the Veteran's claim for service connection of a cervical spine disability and has determined that there is sufficient evidence to establish that his current condition was caused by an in-service motor vehicle accident, granting him service connection.

The Board determined that the Veteran's acquired psychiatric disorder, cervical spine disability, lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy do not warrant increased ratings prior to or since August 12, 2016.

The Veteran's service-connected disabilities do not preclude him from securing and following substantial gainful employment. The Board finds that the preponderance of the evidence is against a finding that the Veteran is unemployable due to his service-connected disabilities.

The Veteran's service-connected blepharospasm is rated at 30 percent, the highest available under VA rating criteria.,The Veteran's service-connected spasmodic dysphonia is currently rated at 10 percent and does not meet the necessary criteria for a higher rating based on her symptoms.,The Veteran's service-connected spasmodic torticollis of the cervical spine with degenerative arthritis is also rated at 10 percent, which is the highest available under VA rating criteria.

The Board has determined that the Veteran's cervical spine disorder is related to his service, and thus grants service connection for this condition. The increased evaluation claim for fibromyalgia remains pending as does the TDIU claim.

The Board has determined that the Veteran does not have a cervical spine disability that is etiologically related to his active service and therefore denied his claim for service connection.

The Board has reopened the Veteran's claims for service connection for an upper respiratory disability, to include sinusitis and rhinitis, and a cervical spine disability. The Veteran's current diagnoses of these conditions are considered in line with his service history.,Service connection is granted for both the upper respiratory disorder (including sinusitis and rhinitis) and the cervical spine disability.

The Veteran's claims for service connection were denied as there is no current evidence of the claimed disabilities. The claim for residuals of a metacarpal fracture was granted.

The Veteran's bilateral knee condition is found to be related to service and granted service connection.

The Board denied the Veteran's claims of service connection for a right hip disability and a cervical spine disability, finding that these conditions were not causally or etiologically related to his active duty service.

The Board has reopened the Veteran's claims for service connection for various disabilities, including lung disability, bilateral knee and hip disabilities, low back disability, neck disability, obstructive sleep apnea, and depressive disorder. The new evidence supports reopening these claims.

The Board has denied the Veteran's claims of service connection for hypertension, obstructive sleep apnea, right wrist disability, cervical spine disability, and bilateral knee disability. The reasons provided include lack of a nexus to service or evidence of continuity of symptoms.

The Veteran's appeal was denied across multiple issues, including PTSD, cervical spine disability, right and left knee disabilities, thoracolumbar spine disability, tinnitus (hearing loss), right hand 5th metacarpal fracture, right foot heel spur, scars of the hands and knees, dermatitis of the feet, and tension headaches. The appeal was not about service connection for any conditions.

The Board has determined that the Veteran's low back and cervical spine disorders are not related to his military service, and therefore denied both claims.