Neck / cervical spine decisions — 2017

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling new VA examinations.

The Veteran's claim for a compensable rating for bilateral hearing loss and an earlier effective date for the combined 100 percent rating are both denied.

The Board denied service connection for bilateral plantar fasciitis and denied entitlement to an initial compensable evaluation for tension headaches. The Veteran's TMJ was not found to meet the criteria for a compensable evaluation, but his cervical spine disability met the criteria for a 20 percent rating.

The Veteran's service-connected degenerative disc disease of the cervical spine with limitation of motion was not manifested by forward flexion to 15 degrees or less, and no unfavorable ankylosis of the entire cervical spine. The Veteran is currently assigned a 20 percent disability rating prior to March 26, 2014, and between May 1, 2014 and September 15, 2016.

The Veteran's PTSD was granted a higher rating, but his cervical spine condition claim remains unresolved.

The Veteran's service-connected disabilities require the factual need for the aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Veteran's appeal is being remanded for further development, including new examinations and clarification of the service connection theory.

The Veteran's claim for service connection for a neck condition is denied as she does not have a currently diagnosed neck disability.

The Veteran's claims for higher ratings for his service-connected cervical and back disabilities were denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to March 23, 2017, for RLE radiculopathy; nor did it support a rating in excess of 20 percent from March 23, 2017, for cervical and back disabilities.

The Board has determined that the Veteran's cervical spine degenerative disease, which causes shoulder pain, is related to his active duty service. Additionally, the acquired psychiatric disorders (generalized anxiety disorder and adjustment disorder) are found to have been aggravated by his military service.

The Veteran's claim for service connection for depression has been reopened and granted. The effective date of the grant is December 14, 2013. A TDIU was also granted.

The Veteran's service connection claims for various conditions, including PTSD and major depression, were granted. The rating assigned for GERD was increased to 10 percent.

The Board found that the Veteran's cervical spine disability and radiculopathy of upper extremities did not manifest during service or for many years thereafter, and are not related to injury, disease, or other event in active service. The claims were denied as there is no evidence of a nexus between the current disabilities and service.

The Veteran's cervical nerve root compression of the right upper extremity resulted in moderate incomplete paralysis prior to July 22, 2015, which was granted a higher rating of 40 percent.

The Board has determined that additional development is needed to obtain private treatment records and for addendum opinions regarding the Veteran's claims. The case is therefore REMANDED.

The Board denied the Veteran's claim to reopen service connection for a cervical spine disorder with cervical radiculopathy, finding that new and material evidence had been submitted but that the condition was not incurred or aggravated by service.

The Board denied the Veteran's claims to reopen his service connection claims for various conditions, finding that no new and material evidence had been submitted since previous denials.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for hypertension, cervical spine disability, or an acquired psychiatric disorder, including PTSD. The claim of service connection for these conditions remains denied.

The Veteran's sleep apnea is found to be etiologically related to an in-service injury, event, or disease.,The status of the Veteran's hypertension and cervical spine disability service connection claims remains unknown due to missing records.

The Veteran's service-connected disabilities, including lumbar myositis with painful motion, cervical and upper back myositis, irritable bowel syndrome, left and right C8-T1 radiculopathy, a left varicocelectomy scar, allergic rhinitis, and left and right L5-S1 radiculopathy, preclude the Veteran from securing or following gainful employment.