Neck / cervical spine decisions — 2017

The Veteran's cervical spine disorder, including arthritis, did not manifest within a year of separation from active service and is not linked to disease or injury incurred in service.,A disability manifested by numbness and tingling of the shoulders and upper extremities cannot as a matter of law be awarded service connection as secondary to disability of the cervical spine. It also did not manifest within one year of separation from active service, and is not otherwise linked to disease or injury incurred in service.

The Board has determined that the Veteran's low back disorder and cervical spine disorders are related to his active service, resolving doubt in favor of the Veteran.

The Board found that the Veteran does not have a cervical spine condition that is etiologically related to his military service and therefore denied the claim for service connection.

The Board has granted service connection for a degenerative disc disease of the cervical spine as secondary to service-connected chronic lumbar strain.

The Board has reopened the Veteran's claim for service connection of a cervical spine disorder but denied an increased rating for his lumbar spine disability.

The Veteran's claims for service connection and increased ratings have been denied. The Board found that the evidence did not support a finding of service connection or an increase in disability rating.

The Veteran's cervical spine disability was not granted an increased rating, and service connection for residuals of surgery for benign brain tumor with memory loss could not be established. The TDIU issue remains in appellate status.

The Board has separated the claims on the title page, including noting that the claim for service connection for chest pain is a claim to reopen. The Veteran's request for a travel board hearing was not accommodated due to his overseas work and relocation to Wyoming.

The Board has determined that the Veteran's current left shoulder and cervical spine disorders did not have their onset in service or are otherwise related to active duty service.

The Board has denied the Veteran's claims for increased ratings for his service-connected disabilities and for an earlier effective date for service connection for a chronic right knee strain.

The Veteran's cervical spine disability is rated at 20 percent, and his left upper extremity radiculopathy remains rated as 20 percent. Both conditions are currently evaluated under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's C5-C6 herniated disc was granted an increased rating to 10 percent, effective as of March 25, 2016. The left arm cubital tunnel syndrome claim remains denied.

The Veteran's claim for an increased rating for cervical DJD with spondylosis was denied as the condition did not meet the criteria for a higher rating prior to May 16, 2017 and thereafter.

The Veteran has withdrawn all issues on appeal, including the reopening of a skin disorder claim and service connection claims for various disabilities due to herbicide exposure. The Board is dismissing the appeal.

The Board denied service connection for hypertension as secondary to service-connected disabilities and service connection for a cervical spine disability including degenerative disc disease, but granted service connection for neurological impairment of the bilateral upper extremities, including radiculopathy.

The Veteran's appeal for a compensable rating for bilateral hearing loss disability and nonservice-connected pension benefits was denied. The Board found that the evidence did not support a finding of entitlement to a compensable rating for his service-connected hearing loss, and that his nonservice-connected pension benefits were properly terminated due to his income exceeding the maximum annual pension rate.

The Board denied service connection for skin cancer and a lymph node in the cervical chain as there is no current disability associated with these conditions.

The Board has determined that the Veteran's current cervical spine degenerative disc disease is at least as likely as not related to his military service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded to obtain his complete service personnel file, verify any heavy metal exposure during service, and provide an opinion on the likelihood of current disabilities being related to in-service duties.