Neck / cervical spine decisions — 2017

The Veteran's combined rating for service-connected disabilities is 80 percent, which meets the schedular requirements for a TDIU. The Board finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities and grants a TDIU.

The Veteran's tinnitus and bilateral hearing loss are found to be related to his military service. The Board also finds that the Veteran has a current diagnosis of peripheral neuropathy due to cold injury in service, which is considered as part of the same claim.

The Veteran's claims for service connection were denied. The Board found that the primary choroidal melanoma of the left eye, status post removal of the left eye is etiologically related to active service and granted service connection. However, cervical spine DDD was not related to military service. For lumbar DDD, prior to December 31, 2013, a noncompensable rating was assigned; from December 31, 2013, the disability warranted a 10 percent rating.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine and residuals of fracture of C6 are related to his service, granting him service connection for these conditions.

The Veteran's claim for an increased rating for her separated left shoulder was denied as the evidence did not show that her disability more nearly approximated a higher rating.,Service connection for a cervical spine disorder and psychiatric disorders (depression) were both denied as there is no evidence of record showing these conditions are related to service or a service-connected condition.

The Board has determined that the Veteran does not have a current diagnosis of residuals of a neck injury, claimed as 'military neck', also claimed as lymphoma. Therefore, service connection for this condition is denied.

The Veteran has withdrawn his appeal regarding the initial ratings for cervical spine strain and migraine headaches, thus these issues are dismissed.

The Veteran's service-connected disabilities are reasonably shown to be of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience, warranting a TDIU rating.

The Board found that the Veteran's lumbar spine disorder, cervical spine disorder, right shoulder disorder, and right hip disorder were not incurred or aggravated during active duty service. The claims for secondary service connection were also denied.

The Veteran's claims for service connection on the merits are being remanded due to incomplete records and need further development. The claim of reopening a previously denied headaches claim is granted.

The Board has remanded the case for a hearing and to issue an SOC addressing the left knee patellofemoral pain syndrome claim.

The Veteran's claims for service connection for degenerative disc disease of the cervical and lumbar spine are being remanded due to inadequate medical opinions provided in his April 2010 VA examination. Additional evidence is needed, including treatment records from both VA and private sources.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. Therefore, she is entitled to specially adapted housing but not special home adaptations.

The Board found that there is no evidence of a chronic cervical spine disability in service or within one year following discharge, and the Veteran's current condition is not related to his service-connected lumbar spine disability.

The Veteran's cervical and lumbar spine disabilities are currently evaluated at 40 percent, the maximum schedular rating for these conditions. The Board finds that neither condition warrants a higher evaluation.

The Board found that the Veteran's cervical spine disorder was not incurred in or aggravated by his military service, may not be presumed to have been incurred in service, and is not proximately due to, the result of, or aggravated by his service-connected disabilities.

The Board has determined that the Veteran's cervical and lumbar spine disorders are not related to service or service-connected conditions, and thus denied his claims for service connection.

The Veteran's MDD has been rated at 50 percent since December 23, 2003. The combined effects of his service-connected disabilities have made him unable to secure and follow a substantially gainful occupation.

The Board found that the Veteran's claimed disabilities are not attributable to service, were not manifest during service or within one year of separation from active service, and are not secondary (caused or aggravated) by his service-connected bilateral knee disabilities.

The Board has determined that the Veteran's cervical spine disability and lung disability (to include COPD) are not etiologically related to his active duty service.