Neck / cervical spine decisions — 2017

The Board denied the Veteran's claim for SMC based on housebound status from June 1, 2007 to December 31, 2008 due to insufficient evidence showing a single service-connected disability rated at 100% and additional disabilities that would qualify him for SMC.

The Veteran's service-connected disabilities preclude him from obtaining or maintaining substantially gainful employment prior to March 14, 2016.

The Veteran's service-connected disabilities, including depressive disorder, degenerative joint/disc disease of the thoracolumbar spine, right and left upper extremity radiculopathy, anterior cervical discectomy and fusion, chondromalacia of the knees, migraine headaches, and other conditions, have rendered him unable to secure or maintain substantially gainful employment since September 12, 2008.

The Veteran's migraine headaches are currently service-connected, but the cervical spine disability and lumbar spine disability have not been established as service-connected.,Service connection for the acquired psychiatric disorder (including depression and PTSD) has been granted.

The Veteran's claim for an increased rating in excess of 20 percent for cervical strain, with disc and joint degeneration C5-6 is being remanded due to the need for a new VA examination to assess the current severity of his service-connected conditions.

The Veteran's claim for a rating in excess of 20 percent for degenerative disc disease of the cervical spine was denied as there is no evidence that warrants an increase beyond the current 20 percent rating.

The Board has denied the Veteran's claims for service connection for pes planus of the left foot and a cervical/lumbar spine disability, finding that these conditions are not related to his service or service-connected right foot pes planus.

The Veteran is seeking service connection for a left foot disability, dental trauma, and an acquired psychiatric disorder (insomnia, depression, anxiety, PTSD). He also seeks increased ratings for his lower back and right shoulder disabilities. Additionally, he requests TDIU.,The Veteran has filed a claim for service connection due to a dental trauma in service. The VA treatment records from the Perkins Dental Clinic and Dr. Kim's office have not been obtained yet.,The Veteran is seeking service connection for an acquired psychiatric disorder (insomnia, depression, anxiety, PTSD). He also seeks increased ratings for his lower back and right shoulder disabilities. Additionally, he requests TDIU.,The Veteran is seeking service connection for a neck disability. The VA treatment records from Dr. Kim have not been obtained yet.,The Veteran is seeking an increased rating for his lower back disability. An additional examination is needed to determine the extent of pain and loss of function during motion.,The Veteran is seeking an increased rating for his right shoulder disability. An additional examination is needed to determine the extent of pain and loss of function during motion. The examiner should also consider whether there are any flare-ups that cause additional functional loss.,The Veteran is seeking TDIU. He has not provided updated information on his employment status since the last VA adjudication.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal prior to the Board's decision.

The Board has decided that additional development is needed before the claims for service connection for low back and cervical spine conditions can be adjudicated.

The Veteran's appeal is remanded to obtain a new VA examination due to the possibility of worsening condition since the last examination in February 2011. The case will be readjudicated after the examination.

The Veteran's service-connected disabilities, including sleep apnea, major depression, cervical spine degenerative disc disease, right wrist carpal tunnel syndrome, lumbar spine degenerative disc disease, bladder dysfunction, right shoulder arthritis, allergic rhinitis, left and right lower extremity radiculopathy, hypertension, and pseudofolliculitis barbae, have rendered him unable to secure or follow a substantially gainful occupation since June 1, 2012.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are at least as likely as not aggravated by his service-connected generalized convulsions, grand mal. As such, these conditions may be considered secondary to his service-connected condition.

The Veteran's cervical spine disability is currently rated at 20 percent, effective September 9, 2010. The Board found that the evidence did not support a higher rating prior to this date.

The Veteran's claim for service connection for Meniere's disease, neck disability, and headaches was denied. The Board found that there is no current evidence of these conditions in the record.

The Veteran's service connection claim for a right foot disability, including calcaneal spurs and Achilles tendon enthesopathy, was granted. However, his initial increased rating claim for DJD of the cervical spine and paravertebral muscle spasm from July 17, 2009 was denied.

The Veteran's service connection claims for various conditions, including a thoracolumbar spine disorder, right shoulder disorder, cervical spine disorder, and TBI residuals have been granted.

The Board has determined that the Veteran's right wrist, neck, and low back disabilities are not service-connected as they were not shown to be incurred or aggravated during his active duty service.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA examination.

The Veteran's TDIU claim is remanded due to the need for a VA examination to assess his employability considering his service-connected disabilities, and any relevant ongoing VA treatment records.