Neck / cervical spine decisions — 2017

The Board has determined that the Veteran's claims for increased ratings and TDIU are denied as there is no evidence of scar instability or pain, which would warrant a higher rating under Diagnostic Codes 7804-7805.

The Veteran's initial ratings for degenerative disc disease of the lumbar spine and cervical spine have been denied as there is no evidence to warrant a higher rating based on current clinical findings.

The Board has denied the Veteran's claims for service connection for cervical spine, left wrist, and musculoskeletal disabilities, as well as PUD secondary to a back disability. The evidence does not support a finding that these conditions are related to active service or any event therein.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are etiologically related to his active military service, granting service connection for both conditions.

The Veteran's appeal is being remanded to the AOJ for additional development, including a DRO hearing. The issues on appeal are related and should be adjudicated together.

The Veteran's cervical and thoracolumbar spinal disorders are found to be related to service, with the current diagnoses of DDD and arthritis. The Board finds that these conditions more nearly approximate a disability rating of 40 percent for the thoracolumbar spine disabilities.

The Board denied the Veteran's claims of service connection for back, cervical spine, and right leg disabilities. The claim for a right hip disability was not addressed in this decision.,The Board found that there is no evidence showing any chronic conditions related to the Veteran's claimed disabilities during his active duty or within one year after discharge.

The Board has granted service connection for left ear hearing loss, migraine headaches, erectile dysfunction, and degenerative disc disease and degenerative arthritis of the cervical spine. The Veteran's PTSD was also rated at 30 percent effective December 11, 2014.

The Veteran's appeal regarding the reduction of his cervical spine, lumbar spine, and bilateral knee disabilities to noncompensable ratings was denied. The Board found that the procedural safeguards were met and that there was no evidence of an improvement in the disability.

The Board has determined that the Veteran's lumbar spine, cervical spine and bilateral shoulder disabilities are not related to his military service. The evidence does not show a continuity of symptoms since service.

The Veteran's service-connected lumbar spine disability is currently rated at 10 percent, but the evidence does not support a higher rating as it shows no more than forward flexion of the thoracolumbar spine greater than 60 degrees and combined range of motion greater than 120 degrees without evidence of muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour.

The Veteran's service-connected disabilities, including depressive disorder and multiple musculoskeletal conditions, have rendered her unable to secure or follow substantially gainful employment since May 1, 2007.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's claims of service connection for bilateral shoulder, neck, and back disabilities are inextricably intertwined with his claim for special monthly compensation based on aid and attendance.

The Veteran was rendered unable to obtain or maintain gainful employment due to his service-connected disabilities prior to October 2, 2014.

The Veteran's appeal is being remanded due to the withdrawal of his claim for an increased rating for cervical spine disability and the reopening of his claim for service connection for a left shoulder disability. The case will be further developed, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection, but the claim is still denied as there is no direct or presumptive link between his current cervical spine disorder and his military service.

The Board has determined that the Veteran's DJD of the cervical spine, arthritis of the bilateral feet, and bilateral hand sprain are all service-connected.

The Board has determined that the Veteran does not have a low back disability that had its onset during active service or is otherwise causally related to active service. The cervical spine, gastrointestinal, and acquired psychiatric disabilities are also not caused or aggravated by a service-connected disability.

The Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment, and the Veteran has been assigned a single disability rating that is at least 60 percent disabling. Therefore, TDIU is granted.

The Board has granted service connection for a cervical spine disability as secondary to the Veteran's service-connected lumbosacral disc disease.