Neck / cervical spine decisions — 2017

The Board has reopened the Veteran's claim for service connection for residuals of acinic cell carcinoma of the right parotid gland and granted it. The remaining claims for neck disability, right ear hearing loss, right ear disability (tinnitus), and an acquired psychiatric condition are remanded for further development.

The Veteran's claims for bilateral hearing loss, back disability (including cervical and lumbar spine), obstructive sleep apnea, erectile dysfunction, and psychiatric disability are being remanded due to the need for additional development. The AOJ will schedule the Veteran for VA examinations to determine the etiology of these conditions.

The Veteran's cervical spine disability is rated as 10 percent disabling prior to March 26, 2014 and as 20 percent thereafter. The evidence does not support a higher rating for any period on appeal.,The Veteran's right third phalanx fracture is currently rated as non-compensable (0 percent). The evidence does not support a compensable rating for this condition.,The Veteran's sinusitis has been rated as 10 percent disabling. The evidence does not support a higher rating.

The Veteran's claim for a compensable rating for hypertension has been denied. Her costochondritis is currently rated at 10%.

The Veteran's claims for service connection are being remanded due to the need to obtain additional VA outpatient treatment records and ensure all development actions have been conducted.

The Veteran's cervical spine disability and hypertension are being remanded for additional development, including obtaining a VA examination to assess the current severity of his service-connected conditions.

The Board denied the Veteran's claims for service connection for degenerative arthritis of the cervical spine, a right foot disability, and an effective date prior to March 17, 2003 for PTSD. The claim for higher initial rating for PTSD was also denied.

The Board denied service connection for left shoulder, cervical and lumbar spine disabilities due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The Veteran's cervical spine disorder and right knee contusion with degenerative changes are not service-connected, and the rating for his right knee condition is found to be appropriate.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected disabilities and their impact on his ability to secure and follow substantially gainful employment.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's degenerative disc disease of the cervical spine is etiologically related to his active duty military service, and thus grants service connection for this condition.

The Board finds that the Veteran's service-connected disabilities do not preclude her from obtaining and retaining substantially gainful employment, thus denying her claim for a TDIU.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the Veteran's neck disability, back disability, and psychiatric disabilities.

The Board has ordered additional development due to incomplete review of the evidence, including service treatment records.

The Board has reopened the Veteran's claim for service connection of cervical strain and granted it. The Veteran is also granted service connection for PTSD, tinnitus, and disequilibrium as secondary to his service-connected migraine headaches. However, the reduction in disability rating for lumbar spine disability was not proper, and the 40% rating has been restored.

The Board has remanded the case due to a need for additional examinations and compliance with recent legal developments in rating cervical and lumbar spine disabilities.

The Board has determined that there is at least a state of equipoise as to whether the Veteran's current cervical and thoracolumbar spine conditions are related to his active service, thus granting service connection for these disabilities.

The Board has remanded both issues of service connection for Parkinson's disease and cervical dystonia due to their inextricably intertwined nature. The Veteran is required to be provided with a new VA examination to determine the etiology of his conditions, including whether they are related to herbicide exposure.

The Board has granted service connection for the Veteran's scrotal/groin disorder, left knee disorder, low back disorder, cervical spine disorder, and jaw disorder. The conditions are related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for VA examinations to assess his right shoulder, cervical spine, and gastroesophageal reflux disease disabilities.