Neck / cervical spine decisions — 2017

The Veteran's service-connected disabilities, including a lumbar spine disability, cervical spine disability, right and left shoulder disabilities, bilateral lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran has withdrawn his appeals regarding the initial ratings for obstructive sleep apnea and cervical spine degenerative joint disease.

The Veteran's claim for special monthly pension based on the need for aid and attendance is denied as he does not meet the criteria for such benefits.

The Board has ordered a remand due to the failure to provide proper notice for a VA examination. The Veteran's claim for service connection for headaches, including as secondary to his chronic cervical strain, is now pending and will be reviewed again after the requested development.

The Veteran's cervical spine disability is rated at 30 percent, effective January 1, 2009. The initial ratings for his left and right upper extremity radiculopathy are also part of this claim.

The Board has determined that the Veteran's cervical spine and lumbar spine disabilities are service-connected as they originated during his active military service.

The Veteran's service-connected cervical spine disability is rated at 20 percent, and the Board found that it does not warrant a higher rating based on additional limitation of motion or other factors. The claims for bilateral shoulder, hip, knee disabilities, and right lower extremity peripheral neuropathy were denied as they are not proximately due to or aggravated by service-connected conditions.

The Veteran's appeal is being remanded for additional development, including obtaining new VA examinations and medical records.

The Board found that the Veteran does not have a neck disability related to his service and denied the claim.

The Veteran's cervical and lumbar spine disabilities have been rated at 10 percent, but the evidence does not support a higher rating for either condition.

The Veteran's thoracolumbar spine disability is rated at 10 percent from January 15, 2007 to prior to February 23, 2009. From February 23, 2009, the rating for his thoracolumbar spine disability has been increased to 20 percent.

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

The Board has granted service connection for Systemic Lupus Erythematosus (SLE) and assigned a 30 percent rating for supracervical hysterectomy. The Veteran's claim for a higher rating is denied.

The Board has determined that the Veteran's cervical spine disability and tension headache disability are related to his service-connected lumbar spine disorder, and thus grants service connection for these conditions on a secondary basis.

The Veteran's appeal is being remanded for additional development, including a VA medical examination and opinion to determine the impact of his service-connected disabilities on his ability to engage in substantially gainful employment. The claim will be readjudicated after this development.

The Veteran's claim for an earlier effective date for cervical spine disability was granted as of January 7, 1999.,The Veteran's PTSD is currently rated at 70 percent and the Board found that a higher rating to 100 percent is not warranted.

The Veteran's appeal is being remanded for additional development, including obtaining an addendum opinion from the VA examiner and securing updated treatment records. The issues of service connection for a cervical spine disorder, rating for left knee disability, and TDIU are inextricably intertwined.

The Veteran withdrew his appeals for the issues of entitlement to increased ratings for cervical spine and lumbar myofascial strain, spondylosis, and transitional L5 prior to July 20, 2012 and March 26, 2016 respectively.

The Board granted initial disability ratings for the Veteran's cervical and thoracic strains, as well as effective dates earlier than April 19, 2012 for the awards of 10 percent disability ratings for radiculopathy of the right and left upper extremities.

The Board has determined that there is no evidence of a chronic cervical spine disorder in service or within one year after separation, and the weight of the evidence does not support a finding that it was caused by or aggravated by the Veteran's service-connected lumbar spine disability. Therefore, service connection for a cervical spine disorder is denied.