Neck / cervical spine decisions — 2017

The Veteran's claim for a higher initial rating for his cervical spine disability and service connection claims have been denied. The Board found that the evidence did not support a finding of more than mild limitation of motion or incapacitating episodes.

The Veteran's service-connected disabilities, including PTSD, fibromyalgia, and IBS, have rendered him unable to secure or follow substantially gainful employment. His TDIU claim is granted.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for thoracolumbar spine and cervical spine disabilities. This includes obtaining outstanding post-service treatment records, scheduling another VA examination, and considering any new evidence added to the record.

The Veteran's appeals have been withdrawn by her representative prior to the Board making a decision.

The Board has denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding no evidence of chronic symptoms in service or since separation from service. The Veteran's current diagnoses are not related to his military service.

The Board has determined that the Veteran's current back and neck disabilities were not incurred in service or otherwise related to service. The evidence does not show a chronic disability within one year of separation, nor is there continuity of symptomatology.

The Board granted a 40 percent rating for the Veteran's service-connected lumbar spine disability, effective March 15, 2010. The Veteran was also awarded separate ratings of 10 percent for his left and right lower extremity radiculopathy.

The Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU, and the preponderance of the evidence is against a finding that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to February 19, 2009.

The Board has determined that the Veteran's claimed cervical spine disability and torticollis are not related to his active service, as there is no evidence of a chronic condition during or within one year after service. The claims for these conditions have therefore been denied.

The Veteran's claims for service connection for right ankle, left ankle, and neck disabilities have been denied as there is no evidence of a chronic disability during or within one year after service discharge. The Board finds that the preponderance of the evidence does not support a finding of service connection on any basis.

The Veteran's cervical strain with mild degenerative changes at C4-5 and C5-6, lumbar strain, right shoulder disability, and bilateral lower extremity radiculopathy have been rated as 20 percent for the period prior to May 20, 2014. Effective May 20, 2014, a 20 percent rating has been assigned for cervical strain with mild degenerative changes at C4-5 and C5-6.

The Veteran does not have a current right hand disability other than carpal tunnel syndrome and cervical radiculopathy, which are already service-connected. The Board finds the preponderance of evidence against a finding of a separate right hand disability.

The Board has determined that the Veteran does not have a current disability of the right hand, left foot or cervical spine. The Veteran's claims for service connection are denied.

The Veteran's claim for an earlier effective date for a separate compensable rating for radiculopathy of the right upper extremity was denied.,The Veteran's claims for earlier effective dates for service connection of degenerative disc disease of the cervical spine, bilateral hearing loss, and tinnitus were dismissed as they are not assignable due to lack of timely appeal or submission of new evidence.,The claim for new and material evidence for prostatitis was denied.

The Veteran's service-connected disabilities do not make him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. The Veteran does not have a single service-connected disability rated 100 percent with separate service-connected disabilities ratable at 60 percent or more, nor is he permanently confined to his immediate premises as a result of service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and records to address the etiology of his left shoulder condition, low back condition, and cervical spine condition.

The Board denied the Veteran's claims for service connection for erectile dysfunction, coronary artery disease, hypertension, and hyperlipidemia. The decision also denied entitlement to SMC at the housebound rate as there was no single disability rated as 100% disabling or a TDIU rating based on multiple disabilities.

The Veteran's service-connected disabilities meet the percentage criteria for TDIU and prevent him from securing or following a gainful occupation.

The Veteran's appeal is being remanded for additional development to obtain medical records and personnel information, as well as for VA examinations.

The Veteran's service-connected disabilities prevent him from obtaining and retaining substantially gainful employment, warranting a grant of TDIU.