Neck / cervical spine decisions — 2017

The Board found that the Veteran's current cervical spine disability and ischemic heart disease are not service-connected, with no exposure to herbicide agents during service. The evidence does not support a finding of direct service connection for either condition.

The Veteran's neck disability, including cervical spine strain, spondylosis, and degenerative disc disease, was granted service connection effective October 30, 2006.

The Board found that the Veteran's cervical spine disability and respiratory disability were not incurred in service, as there was no evidence of such during or shortly after service. The VA examinations did not support a link between current conditions and service.

The Veteran's claim for a rating in excess of 20 percent for his cervical spine disability was denied as the evidence did not show that forward flexion was limited to 15 degrees or less, which would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran's claim for TDIU prior to November 7, 2011 was also denied as he failed to complete the necessary VA Form 21-8940, leaving insufficient information regarding his employment history.

The Board has found the Veteran was exposed to herbicides. Therefore, his hypertension is presumed related to service and he is granted service connection for this condition. The lumbar and cervical sprains are also presumed related to service due to herbicide exposure. However, the Board finds that the evidence does not support a finding of direct service connection for rectal cancer, IHD, or any other conditions.

The Veteran's lumbar spine disability is rated at 40 percent, and the reduction of his rhinitis rating from 10 to 0 percent was improper. The issues of service connection for sleep apnea, a higher rating for cervical disc disease, and TDIU are pending.

The Board has determined that the Veteran's cervical spine, left elbow, right elbow, and right knee disabilities are related to his military service.

The Board denied service connection for left shoulder strain with AC joint arthritis, bilateral elbow chronic strains with early degenerative changes, chronic cervical spine strain with degenerative disc disease, and chronic left hand strain. The Veteran's sleep apnea was also not granted as service connected.

The Veteran's claims for service connection for low back and neck disabilities, as well as hypertension, were denied. The Board found no evidence of these conditions during or within one year after service separation. Service connection was also not granted for PTSD or CAD due to lack of a nexus between the current conditions and service. For hypertension, the Veteran's condition did not have its onset in service, nor was it shown to be related to diabetes or PTSD. The Veteran's claims for higher ratings for coronary artery disease were denied as well.

The Veteran's service-connected chondromalacia of the left knee and degenerative arthritis of the cervical spine are currently rated at their maximum levels. The Veteran has not provided sufficient evidence to warrant a higher rating for either condition.

The Veteran's claims for increased ratings for his bilateral knee disabilities and cervical spine disability were denied.,A separate rating was granted for degenerative cervical spine disease prior to October 18, 2013.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's cervical spine disability and associated radiculopathy of the right upper extremity are found to be service-connected as a result of in-service exposure, without any presumption or secondary service connection.

The Veteran's degenerative arthritis of the cervical spine was found to meet criteria for a 10 percent rating from November 1, 2006 to February 25, 2010.

The Board has determined that the Veteran does not have a neck disability or right shoulder disability incurred in service and therefore denied both claims.

The Veteran's claim for an increased rating beyond the current 30 percent for his cervical spine disability is being remanded to allow for consideration of extraschedular evaluation.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for a lumbar spine disability and cervical spine disability, as secondary to his service-connected thoracic spine disability. The VA examiners found no medical nexus between these conditions and the in-service injury.

The Veteran's appeal is being remanded for further development, including a new VA examination to reassess the severity of her service-connected cervical strain.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his cervical spine and left radial shaft disabilities, as well as the etiology of his bilateral hand arthritis, right elbow and wrist pain, right subacromial bursitis, left scapulothoracic bursitis, lumbar strain, right ankle sprain, and left knee arthritis.

The Board has reopened the claims for service connection for back, left knee, right knee, bilateral shoulder, and neck disabilities due to new evidence received since the final denial in September 2011. The appellant's current disabilities are considered to be related to his parachute jumps during active service.,Affording the appellant the benefit of doubt, the Board finds that each of the appellant's claimed disabilities (back, left knee, right knee, bilateral shoulder, and neck) were caused by his parachute jumps during active service.