Neck / cervical spine decisions — 2017

The Board has determined that the current VA examination is inadequate and remands the case for a new examination to determine if the Veteran's cervical spine and right shoulder conditions are related to his service, including combat injuries. The Veteran will be provided an opportunity to respond to this decision.

The Veteran's appeal has been withdrawn due to a signed statement from his representative indicating he wishes to withdraw the issues on appeal.

The Veteran's appeal is being remanded due to her failure to appear for a scheduled videoconference hearing. The case will be returned to the Board after rescheduling the hearing.

The Board has determined that additional development is necessary to address the Veteran's claims, including obtaining medical records and clarifying opinions regarding his psychiatric, shoulder, cervical spine, gastrointestinal, and sleep disorders.

The Veteran's cervical spine disability was evaluated at 10 percent from November 6, 2006 to April 24, 2008 and at 30 percent since January 1, 2009. The appeal for a higher rating is denied.

The Board has remanded the case due to inadequate reasons and bases for weighing the probative value of the Veteran's lay statements regarding his service-connected disabilities. The VA examiner's opinions are also found to be inadequate as they did not consider the Veteran's assertions of continuous symptoms since active duty service.

The Veteran's DJD of the cervical spine is attributable to active service and granted service connection.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, right knee disability, headaches, lower back disability, bilateral hip disability as secondary to the lower back disability, neck disability, and left knee disability. The appeal was dismissed due to withdrawal of the appeal for the claim for entitlement to service connection for a right knee disability.

The Veteran's neck disability and GERD were evaluated under the General Rating Formula for Diseases and Injuries of the Spine, but no IVDS was found. The VA examiners noted that the Veteran had DDD in his cervical spine without evidence of IVDS.

The Board has determined that the appellant does not have a current neck, back, or left arm disability that is related to his military service. The psychiatric claims are also denied as there is no evidence of an acquired psychiatric disorder in service or within one year thereafter.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since February 14, 2011. The Board finds that the evidence is at least in equipoise on whether he has been able to obtain or maintain such employment.

The Board has granted service connection for lumbar and cervical arthritis, finding that the Veteran's current disabilities are related to his active duty service. The claim for TDIU is also remanded as it was not adjudicated by the RO.

The Board has determined that the Veteran does not have a diagnosed right or left knee disability during the appeal period, and therefore, service connection for these conditions is denied.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's appeals for residuals of stroke and TDIU prior to December 22, 2009 have been withdrawn. The remaining issues are being remanded for further development.

The Veteran's migraine headaches with vertigo and cervical strain have been rated, but the effectiveness of these ratings is unclear due to mixed results. The cervical spine disability has not changed in rating.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and issuing an SOC in the matters of service connection.

The Board has determined that the Veteran's cervical and thoracolumbar spine disorders are not related to military service.,Regarding her fibromyalgia, the VA examiner found no history of evaluation, treatment, diagnosis or chronicity of symptoms for fibromyalgia during military service. The examiner also found she currently does not meet the diagnostic criteria for fibromyalgia.

The Veteran's left hip disability is currently rated at 50 percent, effective June 4, 2009. The claims for service connection of sciatica and cervical spine disability are denied as there is no evidence that these conditions are related to the service-connected hip disabilities.

The Board has remanded the case for additional examinations and opinions regarding service connection for various conditions, including benign prostate hyperplasia, an acquired psychiatric disorder, hiatal hernia, GERD, PUD, chronic colitis, degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar spine, degenerative joint disease of both hips, degenerative joint disease of both knees, and degenerative joint disease of both feet.