Neck / cervical spine decisions — 2017

The Veteran's appeal involves increased ratings for his cervical spine disorder and acquired psychiatric disorder, as well as a claim for TDIU. The case is being remanded to provide the Veteran with additional VA examinations to determine the current severity of these conditions.

The Veteran's service-connected anxiety disorder, depression with adjustment disorder is found to be secondary to his service-connected cervical degenerative disc disease. The Board also granted a TDIU rating based on the Veteran's service-connected disabilities.

The Board has determined that the Veteran's left shoulder and neck disabilities were not incurred in or related to his military service, including due to an injury therein. The claims for service connection are therefore denied.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected herniated disc at L5-S1 and degenerative disc disease of the cervical spine.

The Board has determined that the Veteran's current cervical spine disorders are not related to his periods of service or ACDUTRA, and therefore denied his claim for service connection.

The Board has determined that there is no current evidence of a right shoulder, left shoulder, or headache disability. Therefore, the claims for service connection for these conditions have been denied.

The Board finds that the Veteran's current cervical strain disability is not related to service and does not meet the criteria for secondary service connection based on his service-connected thoracolumbar strain with DDD and residuals of a service-connected 11th rib fracture. As such, the claim for service connection for a cervical strain disability is denied.

The Board has found that the VA examination opinions are inadequate and remands the case for an addendum opinion to address the Veteran's lay statements from his January 2011 hearing.

The Veteran's degenerative changes of the cervical spine with disc bulge were found to be present within one year of his retirement from active service and is therefore granted as service connected.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss and determined that new and material evidence has been received. The Veteran's bilateral hearing loss is found to be related to his in-service noise exposure, meeting VA's definition of a hearing loss disability under 38 C.F.R. § 3.385. Service connection for PTSD with depressive disorder, NOS, lumbar spine disability, cervical spine disability, and neurological disabilities of the left upper extremity and both lower extremities is granted.

The Veteran's claim for TDIU on an extra-schedular basis prior to October 25, 2011 was denied as there is no evidence that his service-connected disabilities alone rendered him unemployable.

The Veteran's asthma, acquired psychiatric disorder (PTSD, anxiety, and depression), back disability, cervical spine disability, heart disability, bilateral ankle disability, left foot disability, right foot disability, bilateral hip disability, bilateral knee disability, and bilateral shoulder disability are not service connected. The Veteran's tinnitus and hearing loss were found to be aggravated by service.

The Board found that the Veteran's left upper extremity nerve disability (carpal tunnel syndrome) is not service connected, as it was not shown to be directly related to his service-connected left shoulder disability. The Board also found no evidence of a neck disability in service or for many years thereafter.

The Board has ordered the case to be remanded for additional development, including obtaining updated VA medical records and scheduling examinations for psychiatric, lumbar, and cervical spine disabilities. The Veteran is also required to complete a VA Form 21-8940.

The Board denied service connection for cervical spine disorders and headaches as secondary to a service-connected disability. The Veteran's current diagnosed conditions were not shown to be incurred in or aggravated by service, nor may they be presumed to have been incurred therein.

The Board has remanded the case for additional development, including obtaining a VA examination and addressing all outstanding evidence. The Veteran's claims of service connection for a cervical spine disability, tinnitus, and TDIU are pending.

The Veteran's appeal is being remanded for additional development to determine the etiology of his lumbar spine, cervical spine, bilateral knee, and hearing loss disabilities.

The Veteran's cervical spine disability is being remanded for additional development, including obtaining updated treatment records and a VA examination to address the issues of service connection and whether the disability was caused or aggravated by his service-connected lumbar spine disability.

The Veteran's claim for a rating in excess of 20 percent for his cervical spine disorder was denied, as the evidence did not show forward flexion limited to 15 degrees or less. The claim for TDIU due to service-connected cervical spine disorder was also denied.

The Veteran's appeal is being remanded due to scheduling issues. The case will be returned for further action.