Neck / cervical spine decisions — 2017

The Board denied the Veteran's claims for service connection for bilateral hearing loss, left shoulder disability, left elbow disability, cervical spine disability, and lumbar spine disabilities. The Veteran's dermatitis claim was granted with a 10 percent rating effective June 27, 2011.

The Board has granted service connection for DDD of the cervical spine and arthritis of the left knee, finding that these conditions are at least as likely as not caused by or aggravated by the Veteran's service-connected disabilities.

The Veteran's service-connected cervical spine disability does not render him unable to secure or follow a substantially gainful occupation, and therefore the claim for TDIU is denied.

The Veteran is granted a 70 percent rating for service-connected depressive disorder prior to July 29, 2009.,A compensable rating of 10 percent is assigned for hypertension throughout the appeal period.

The Board has remanded the case for additional development, including obtaining a VA examination and opinion to determine if the Veteran's cervical spine disorder and bilateral shoulder disorders are related to his military service. The appeal is currently pending.

The Board denied entitlement to higher initial ratings for cervical radiculopathy of the right and left upper extremities, finding that the Veteran's upper extremity radiculopathy was mild in nature.

The Veteran's cervical spine disability is rated at 10 percent, effective May 26, 2004. From March 16, 2010 to April 17, 2015, the Veteran was granted a rating of 20 percent for left upper extremity radiculopathy associated with his cervical spine disability. The Board denied entitlement to TDIU as the Veteran's service-connected disabilities alone do not render him unable to secure or maintain substantially gainful employment.

The Veteran's service-connected disabilities did not meet the criteria for SMC at the housebound rate prior to July 1, 2010. The need for regular aid and attendance determination was also denied as the evidence showed that the Veteran could leave his home for up to a half an hour at a time.

The Board has remanded the case for additional development, including obtaining a VA examination to address the claimed cervical spine disorder and attempting to corroborate the Veteran's claimed stressors by contacting his former girlfriend.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and assessments, particularly regarding his claimed low back disability, neck disability, and gastrointestinal symptoms. The asthma claim is also being remanded.

The Board has granted service connection for the Veteran's cervical spine disability and assigned a 20% rating. The TDIU claim is inextricably intertwined with this decision, as it affects whether the Veteran meets the schedular requirements for a total disability rating.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are not related to his active service, and thus denied these claims.

The Board found that the Veteran's cervical spine disability was manifested by forward flexion of the cervical spine between 15 and 30 degrees, with a combined range of motion not greater than 170 degrees. The criteria for a higher rating were not met at any time during the appeal period.

The Veteran's service connection claim for degenerative joint disease and degenerative disc disease of the lumbar spine and cervical spine is denied. The Veteran's claim for an increased rating in excess of 30 percent for Meniere's syndrome with hearing loss, tinnitus, and vertigo prior to November 17, 2014, is also denied.

The Board found that the Veteran's neck disability was not incurred in or aggravated by service and is not related to a service-connected condition. The claims for heart disorder and foot disabilities are addressed in the REMAND portion of the decision.

The Board has determined that the Veteran's current neck disability is not related to his active service, including a car accident in September 1975. The evidence does not support a finding that the Veteran's current condition originated during or was aggravated by service.

The Board has determined that the Veteran's cervical spine, headaches, muscle spasms, and vertigo are related to his service-connected TMJ disability.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting entitlement to TDIU.

The Veteran's low back, cervical spine and bilateral knee disabilities are considered due to undiagnosed illness related to Gulf War service. Service connection is granted.

The Board has denied the Veteran's claims for service connection for a left shoulder disorder and a separate disability rating for pleurisy due to his service-connected pulmonary tuberculosis. The evidence does not support a finding that these conditions are related to service or service-connected disabilities.