Neck / cervical spine decisions — 2017

The Veteran's claim for service connection for chronic fatigue syndrome was withdrawn.,The Veteran is entitled to a 30 percent rating for bilateral temporomandibular dysfunction prior to October 7, 2014 and in excess of 30 percent thereafter. ,The Veteran is entitled to a 30 percent rating for migraine headaches prior to October 9, 2014 and in excess of 30 percent thereafter.,The Veteran is entitled to TDIU based on his service-connected disabilities.

The Veteran's cervical spine disability is rated at 30 percent, effective from the date of claim. Effective dates for separate ratings for radiculopathy of the upper and lower extremities are not granted.

The Board has determined that the Veteran's tension headaches, seizure disorder, cervical spine disability, and right shoulder disability are all related to his active duty service. The claims for these conditions have been granted.

The Veteran's sleep apnea is found to be etiologically related to his service-connected PTSD, and the claim for service connection for this condition is granted.

The Veteran's claims for higher ratings of his cervical spine disability, SMC based on loss of use of both hands, TDIU prior to April 16, 2012, and extraschedular TDIU prior to June 18, 2009 were denied. The Veteran was already awarded a TDIU from April 16, 2012.

The Board has ordered a remand to obtain an adequate nexus opinion regarding the likely etiology of the Veteran's neck disability, either as secondary to his service-connected back disability or on a direct basis.

The Board has determined that the Veteran's current left shoulder, neck, and upper extremity disabilities are not related to service. The Veteran's pre-existing condition did not worsen during service.

The Veteran's appeal is being remanded to the AOJ for a Travel Board hearing at the appropriate RO. The case will be returned to the Board if further action is required.

The Board denied the Veteran's claims for increased evaluations for her service-connected lumbar spine disability, bilateral shoulder disabilities, cervical spine disability, and upper extremity neurological impairments. The evaluation for DDD of the lumbar spine was found to be inadequate prior to June 21, 2016.

The VA hospital care from September 2004 to December 2004 did not result in any additional disability of the back or neck, and no fault was found on the part of VA.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the combined effects of his service-connected disabilities on his employability. The claim will also be referred to the Director, Compensation Service for consideration of an extraschedular TDIU.

The Veteran's back brace, used for his service-connected lumbar and cervical spine disabilities, caused wear and tear to his clothing in 2015. The Board granted a clothing allowance based on this finding.

The Veteran's arthritis of the cervical spine is attributable to his active military service, and the Board grants service connection for this condition.

The Board has remanded the Veteran's claims for additional development due to insufficient medical opinions and missing VA treatment records.

The Veteran withdrew his claims of increased ratings and new service connection for various disabilities, including cervical spine, nasal disability, wrist carpal tunnel syndromes, bilateral hip disorder, and facet syndrome.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection of left knee disability, neck disability, and right hand condition. As such, these claims remain denied.

The Veteran's PTSD has not resulted in occupational and social impairment with reduced reliability and productivity.,For the period prior to April 13, 2015 and since October 4, 2016, his cervical neck strain with DJD did not meet the criteria for a rating higher than 20 percent. From April 13, 2015 to October 3, 2016, it did not meet the criteria for a rating higher than 30 percent.

The Board dismissed the appeals due to the Veteran's death, as they have become moot.

The Veteran's cervical spine disability has been rated at 20 percent prior to January 17, 2015 and at 30 percent as of that date. The Board finds no basis for a higher rating based on the evidence provided.

The Board has reopened the claims for service connection for cervical spine arthritis and left hand arthritis, as new and material evidence has been received. The original denial of these claims is now considered final.