Neck / cervical spine decisions — 2017

The Veteran's service-connected disabilities, including lumbar degenerative disc disease, posttraumatic stress disorder, cervical disc disease status post laminectomy and discectomy, right carpal tunnel syndrome, left carpal tunnel syndrome, malaria, tinea pedis with traumatized nails, and amebic dysentery, are reasonably shown to be of such nature and severity as to prevent him from maintaining substantially gainful employment. Therefore, a TDIU rating is granted.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and a review of his service treatment records. The issues on appeal will be remanded to allow for this development.

The Board found that the Veteran's claimed neck, left hip, and right hip disabilities are not service-connected as there is no evidence of a chronic disability during or within one year after service. The VA and private medical records do not show any current diagnoses for these conditions.

The Board denied service connection for a heart disability and cervical spine disability, finding that the Veteran did not have these conditions during service or within one year of separation. The extraschedular rating claims were also denied.

The Board has determined that the Veteran's lumbar spine and cervical spine disorders are not related to his active service, a period of active duty or inactive duty for training.,Both conditions were diagnosed after the Veteran's last period of active duty service.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred or aggravated by service, including active duty, inactive duty training (ADT), and initial post-service treatment. The VA medical opinion concluded that the current lumbar spine disorder is not related to service or a service-connected condition.

The Board found that the Veteran's claimed disabilities, including cervical spine, low back, knee, and foot conditions, are not service-connected due to lack of evidence showing a nexus between these conditions and his military service.

The Board has determined that the Veteran's diagnosed neck condition did not have its onset during active service, did not manifest within one year of separation from active service, and was not caused by active service. Therefore, the claim for service connection for a neck disability is denied.

The Veteran's cause of death is service-connected due to the prescribed medications for his service-connected disabilities causing multiple drug toxicity.

The Veteran is entitled to payment of VA compensation benefits in an amount equal to the difference between a 60 percent disability rating and a 100 percent disability rating during the periods from August 11, 2007 through October 31, 2007 and from June 30, 2008 through May 31, 2009.

The Veteran's cervical spine strain is currently rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's service-connected back and neck disabilities are at least in equipoise with his current diagnoses, thus granting service connection for these conditions.

The Board has granted service connection for a lumbar spine disorder and assigned a rating of 20 percent for cervical spine degenerative disc disease, the maximum available under VA's rating criteria.

The Veteran's cervical spine, bilateral shoulder, and bilateral foot disorders are being remanded for further examination and opinion. His skin disorder is also being remanded due to conflicting opinions.

The Board found no evidence linking the Veteran's current lumbar and cervical spine disabilities to his military service, including a 1977 incident where he fell during an exercise. The VA examiners concluded that any current conditions are not related to service.

The Board has granted a 20 percent rating for the Veteran's service-connected cervical spine degenerative disc and joint disease, effective from October 24, 2008. The decision also found that erectile dysfunction is secondary to his service-connected psychoneurosis.

The Board found no evidence of a chronic disease during service or an applicable presumptive period, and thus denied the Veteran's claim for service connection for cervical spondylosis.

The Board denied the Veteran's claims for an earlier effective date for lumbar spine disability and denied reopening of his cervical spine claim. The cervical spine claim was also denied as secondary to service-connected lumbar spine degenerative arthritis.

The Veteran's appeal is denied as his service-connected conditions do not warrant a higher rating under the applicable diagnostic codes.

The Veteran's cervical and low back disorders are being remanded for additional development to obtain medical records, including from private providers. The VA examiner will determine the nature and etiology of these conditions.