Neck / cervical spine decisions — 2017

The Board denied higher initial ratings for the Veteran's cervical strain and lumbar strain. The case is remanded to obtain a new VA examination, address functional loss during flare-ups and on repeated use, and discuss MRI results from May 2006 and September 2008.

The Board found that the Veteran's cervical spine disability is not related to service and denied his claim.

The Board has decided to remand the case for further development, including a VA examination and opinion regarding the Veteran's cervical spine disability.

The Veteran's appeal is being remanded for further examination and development due to inadequate previous VA examinations, as well as the need to determine if any of his claimed conditions are related to service in Southwest Asia.

The Board has determined that new and material evidence has not been received to reopen the previously denied service connection claims for migraines, tinnitus, a bilateral hand disability (left and right), a left foot disability, an eye disability, a neck disability, a back disability, and a bilateral arm disability. The Veteran's claims of service connection remain denied.

The Board has remanded the appeal due to the need for additional development, including new VA examinations and obtaining outstanding VA treatment records.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that it does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Veteran withdrew his appeals for the issues of service connection for a cervical spine disorder, left elbow disorder, and TDIU prior to April 19, 2012. The case is being remanded for further development regarding TDIU from April 19, 2012.

The Veteran's service-connected disabilities do not preclude substantially gainful employment.

The Board has determined that the Veteran's claimed disabilities of the left knee, right knee, neck, and lower back are not related to his military service.

The Veteran's claim for service connection for an acquired psychiatric disorder, specifically claimed as PTSD, is denied. The preponderance of the evidence does not support a finding that he has a current diagnosis of PTSD or any other diagnosable psychiatric disorder.,Service connection for a cervical spine disability and peripheral neuropathy of the bilateral upper extremities is also denied. The Veteran's current disabilities are not shown to be related to his active service.

The Board has determined that the Veteran's cervical spine strain with degenerative arthritis, right and left knee strains, and bilateral hip strains are related to service. The Veteran's current foot disabilities (right metatarsalgia and left pes valgus, plantar fasciitis) are also found to be related to service.,The Board has granted the Veteran's claims for cervical spine strain with degenerative arthritis, right knee strain, left knee strain, right hip strain, left hip strain, and right foot disability (metatarsalgia), as well as left foot disability (pes valgus and plantar fasciitis).

The Veteran's cervical spine disability was rated at 20 percent from April 15, 2010 to June 26, 2016. The Board found that the evidence did not warrant a higher rating under diagnostic codes 5237 and 5242.

The Veteran's claims for service connection for right arm and shoulder disabilities are being remanded due to the need for additional development, including obtaining an addendum opinion from a VA examiner.

The Veteran's lumbar degenerative disc disease, left foot neuropathy, and right lower extremity radiculopathy are service-connected. The Board granted a rating of 40 percent for the lumbar spine disability, separate ratings for the left foot and right leg conditions, and denied TDIU.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the Veteran's cervical spine disorder and bilateral hip disorder. The claims will be reconsidered after this development.

The Board has determined that the Veteran does not meet the criteria for service connection for arthritis, cervical spine disorder, or chronic fatigue syndrome.

The Board found that there is no evidence to support a finding of a neck disability during service or for many years after service, and concluded that the Veteran's current neck disability is less likely related to his in-service injuries.

The Veteran's PTSD has been reopened and is currently rated at 50 percent, which meets the criteria for a TDIU.,The Veteran's service-connected disabilities (PTSD, IBS, lumbosacral strain with degenerative changes, chondromalacia of the left knee, tinnitus) preclude him from securing or following a substantially gainful occupation.

The Veteran's lumbar spondylolisthesis at L5-S1 is rated as 60 percent disabling since November 26, 2013. The RO also granted SMC under 38 U.S.C.A. § 1114(s) effective from the same date. TDIU is moot due to the Veteran's already being in receipt of a total disability rating for individual unemployability based on service-connected disability.