Neck / cervical spine decisions — 2017

The Board has determined that the Veteran's cervical spine condition, including degenerative disc disease and spondylosis, is etiologically related to his active service.

The Veteran's appeal was reopened and service connection for a cervical spine disorder, headaches, bilateral great toe disorders, and TBI were granted. The Veteran also had his disability rating restored to 40 percent for the back disorder.

The Veteran's claims for service connection were denied. The Board found that new and material evidence was not received to reopen the claims for degenerative disc disease of the lumbar spine and cervical spine, and that hypertension (claimed as high cholesterol and high triglycerides) is not shown by the evidence of record.

The Veteran's cervical spine disability has been rated at 20 percent since September 26, 2003. The Board found that the evidence did not support a higher rating based on ankylosis or severe limitation of motion.

The Veteran withdrew his appeals concerning each issue, resulting in their dismissal.

The Veteran's appeal has been withdrawn due to a request for withdrawal prior to the Board's decision.

The Veteran's appeal has been withdrawn by her representative, resulting in the dismissal of the case.

The Board has determined that the Veteran's lumbar spine disability does not warrant a higher rating as it is currently rated at 40 percent, and his cervical spine disability does not warrant a higher rating as it is currently rated at 20 percent.

The Board has remanded the Veteran's claims due to the need for additional examinations and review of the expanded record. The issues include service connection for neck, left knee, and right knee disabilities as well as an increased rating for bilateral hearing loss.

The Veteran's claims for service connection were previously denied, but new and material evidence has been submitted. The claims are now reopened, but the Board finds that there is no direct service connection as none of the conditions have a link to active service.

The Board has remanded the case for additional development, including obtaining pertinent records and arranging for an orthopedic examination to determine the nature and likely etiology of the Veteran's lumbar and cervical spine disabilities.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection due to incomplete or conflicting evidence in previous VA examination reports and lack of clear opinion regarding the etiology of his conditions.

The Veteran's claim for special monthly pension based on need for aid and attendance is denied as he does not meet the criteria of being helpless or so nearly helpless that he requires regular aid and attendance.

The Veteran's current diagnoses of degenerative joint disease (osteoarthritis) of the neck, back, fingers, knees and ankles are found to be related to his active service.

The Veteran's cervical spine surgery necessitated a three-month convalescence period, which the Board has granted.

The Veteran's service-connected cervical spine disability is currently rated at 30 percent since October 22, 2014. The Veteran's low back disability has been rated as 20 percent since June 7, 2009. The Board granted a 40 percent rating for the low back disability.

The Veteran's cervical spine disability is being remanded for additional development to determine its etiology and whether it was incurred in service.

The Board found no evidence of a current diagnosis of sinus disorder or allergies related to service. The Veteran's hypertension was not shown to be caused by his military service. The Board also denied the claims for bilateral shoulder disability and neck disability as they were not directly related to service.

The Board has determined that the Veteran's cervical spine disability is not related to his military service and therefore denied the claim for service connection.

The Board has reopened the claim for service connection of a cervical and lumbar disorder, but denied it on the merits. The case is now remanded to obtain additional medical evidence and provide the Veteran with a new VA examination.