Neck / cervical spine decisions — 2017

The Board has determined that the Veteran's current cervical spine disability is not related to service or his service-connected lumbar spine degenerative joint disease, and therefore denied both direct and secondary service connection.

The Board has dismissed all issues related to the Veteran's appeal as they have been deemed untimely due to his withdrawal of claims. The claim for an earlier effective date for service connection for memory difficulties, anxiety and depression with adjustment disorder is denied.

The Board has granted service connection for bilateral arthritis of the knees, bilateral arthritis of the hands, and a neck disability to include degenerative disc disease and/or arthritis of the cervical spine. Service connection was also granted for tinnitus.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for asthma and a low back disability. The Veteran's current disabilities are found not to be related to his active military service.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine DJD due to additional development being required.

The Board has determined that further development is needed to address the Veteran's claims for service connection for bilateral lower extremity peripheral neuropathy and degenerative arthritis of the cervical spine, including consideration of exposure to jet fuel and herbicides. The case is REMANDED for additional development.

The Veteran's low back disability and cervical spine disability are currently service-connected, but the claim for acquired psychiatric disorder remains pending as it has been reopened.,There is no evidence of a nexus between the current cervical spine disabilities and active service.

The Veteran's service-connected cervical spine DJD and arthritis are granted, as is his claim for bilateral lower extremity radiculopathy secondary to his service-connected lumbar spine disability. The issue of entitlement to increased rating for cervical spine DJD remains pending.

The Veteran's appeal has been withdrawn with respect to the issue of service connection for community acquired pneumonia. The claim of service connection for hypertension was denied due to lack of new and material evidence. No current diagnoses were found for right shoulder disorder, gout, polyarthralgia, fibromyalgia, or chronic fatigue syndrome. Service connection was not granted for gastrointestinal disorder.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new examination to assess the severity of her service-connected minor concussive syndrome, TBI, chronic cervical strain and cervical spondylosis and neuroforaminal stenosis bilaterally from degenerative spurs, as well as any relationship between her lumbosacral spine disability and her service-connected cervical spine disability.

The Veteran's right ankle disability is etiologically related to active service and the Board finds in favor of granting service connection for this condition.

The Board has reopened the Veteran's claims for service connection for low back disability, cervical spine disability, stomach disability, and sinus disability on a de novo basis.

The Veteran's claim for increased ratings and TDIU prior to February 4, 2014 was denied. The Board found that the evidence did not meet the criteria for a higher rating under the General Formula or IVDS Formula.

The Board has determined that the Veteran's neck and low back disabilities are not service-connected, as they were not incurred or aggravated by his military service.

The Board has remanded the case for further development and consideration of the issues on appeal.

The Veteran's cervical spine disability has been rated at 30 percent since May 14, 2014. The Board denied a higher rating for the period prior to that date.

The Board has determined that there is no evidence of a current low back or neck disability and finds the Veteran's claims for service connection to be denied as his claimed conditions are not related to his military service.

The Board has determined that the Veteran's cervical and lumbar spine disorders did not manifest during service or are otherwise related to military service, thus denying service connection for these conditions.

The Veteran's appeals for increased evaluations for his service-connected right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain were denied by the Board. The case is being remanded to consider whether staged ratings are warranted.

The Veteran's claims for increased ratings for his service-connected cervical spine, lumbar spine, and left knee disabilities are being remanded due to the need for additional examinations.