Neck / cervical spine decisions — 2017

The Board has determined that the Veteran's claimed disabilities are not related to service, and therefore, denied his claims.

The Board has dismissed the Veteran's claims for service connection for a right eardrum disorder, respiratory disorder, and left elbow and thumb disorders. The remaining issues of service connection for tinnitus, bilateral hearing loss, cervical spine disability, low back disability, increased ratings for the right and left knees, right forearm scar, left cornea scar, and left shoulder disorder are denied.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's service-connected cervical spine disability. The Veteran will be provided with another opportunity to respond after the supplemental statement of the case is issued.

The Board has reopened the Veteran's claims for service connection for a cervical spine disability, lumbar spine disability, and respiratory disability (including Valley Fever/coccidiomycosis and OSA), finding that new and material evidence was received. The Veteran's OSA is found to be proximately due to his service-connected sinusitis.

The Veteran's appeal is being remanded due to the failure of a scheduled hearing before a Veterans Law Judge sitting at the RO. The case will be returned for further action.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated treatment records and arranging for medical examinations to clarify the nature of her claimed disabilities. The case will be remanded for these actions.

The Board has determined that the Veteran's claimed psychiatric, neurological, musculoskeletal, and orthopedic conditions are not related to his active service. The evidence does not support a finding of in-service injury or exposure.

The Veteran's service-connected cervical spine herniated disc status post fusion is rated at 20 percent since April 4, 2008. The Board granted a higher initial rating for the cervical spine disability from April 4, 2008 to present.

The Board finds that the Veteran does not have a current diagnosis of a cervical spine disorder, TMJ syndrome, or post-traumatic headaches (residuals of TBI) that are etiologically related to her active military service. Therefore, service connection for these conditions is denied.

The Board has granted service connection for lumbar and cervical spine disabilities, as well as an eye disability. The acquired psychiatric disability claim is pending due to the need to first address whether the Veteran's character of discharge serves as a bar to VA compensation benefits.

The Veteran's TDIU claim is granted as his service-connected disabilities result in a functional impairment of being able to perform only sedentary work, and they overshadow any professional skills acquired during and after service. The Veteran meets the schedular requirement for TDIU due to combined rating of 70 percent.

The Board found that the Veteran's neck disability was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred therein. The cervical disability is also not proximately due to a service-connected disease or injury.

The Veteran's claim for increased ratings was denied. The Board found that her cervical dysplasia with left pelvic pain did not warrant a rating in excess of 10 percent prior to September 18, 2008 and the residuals of her hysterectomy were currently rated at the maximum allowable.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for a cervical spine disability as secondary to service-connected residuals of a fractured right zygoma. However, the claim was denied because the Veteran's cervical spine disability is not proximately due to, a result of, or aggravated by his service-connected residuals of a fractured right zygoma.

The Board has decided the case requires additional development and a supplemental clinical opinion to determine if the Veteran's cervical spine disability is related to service or due to his service-connected psychophysiological nervous system reaction.

The Veteran's appeal for an increased rating for his right shoulder disability (prior to March 2, 2010 and from July 1, 2010) has been dismissed due to the Veteran's attorney withdrawing the appeal. The claim for a TDIU rating remains before the Board.

The Veteran requested to withdraw his claim for an evaluation in excess of 20 percent for degenerative disc disease, cervical spine.

The Veteran's nerve and muscle disorder of the right upper extremity is found to be secondary to his service-connected cervical spine disability.,The Veteran's scar associated with his right upper chest/shoulder stab wound has been assigned a noncompensable rating, but an initial 10 percent rating is granted.

The Board finds that the Veteran's current right knee and cervical spine disabilities are not etiologically related to his service, and thus denies both claims.

The Board has remanded the case due to inadequate reasons and bases provided by the Board in its denial. Specifically, the JMR noted that a record mentioned in the hearing was not obtained, and the VA examination did not have an adequate opinion regarding secondary service connection.